Legal Opinion

Gilbreath v. State

Alabama Court of Appeals

Decided March 23, 1917PublishedCited by 2 opinions

Appeal from DeKalb Circuit Court. Heard before Hon. W. W. Haralson. William S. Gilbreath was convicted of arson and he appeals.

1Opinion of the CourtBrown, P. J.

The indictment charges in three counts that the defendant: (1) Willfully set fire to or burned an uninhabited dwelling house of George Reece in which there was at the time-no human being; (2) that he “willfully set fire to or burned an academy;” and (3) that he “willfully set fire to or burned a schoolhouse, a building erected for public use.” The court instructed the jury that the defendant could not be convicted under the second count, and submitted the case to the jury on the first and third counts of the indictment.(1) The building in question, as the undisputed evidence showed, was…

2Cases cited7 opinions

  1. Emmonds v. StateSupreme Court of Alabama · 1888
  2. Garrett v. StateIndiana Supreme Court · 1887
  3. McGary v. . the PeopleNew York Court of Appeals · 1871
  4. State v. ShawSupreme Court of Kansas · 1909
  5. Williams v. StateAlabama Court of Appeals · 1912

2 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Merchants' Nat. Bank of Mobile v. HubbardSupreme Court of Alabama · 1929
  2. State v. LongSupreme Court of North Carolina · 1956

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