Legal Opinion

Salm v. State

Supreme Court of Alabama

Decided November 15, 1889PublishedCited by 32 opinions

Erom the City Court o£ Decatur. Tried before tbe Hon. E. C. Eyster, as special judge. The indictment in this case contained four counts, each charging tbe defendant, J. M. Salm, with arson in tbe first degree.

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Erom the City Court o£ Decatur. Tried before tbe Hon. E. C. Eyster, as special judge. The indictment in this case contained four counts, each charging tbe defendant, J. M. Salm, with arson in tbe first degree. Tbe first count charged that tbe building was a store-house of Mrs. Sue J. Ecbols, in which a human being was lodged at the time; the second, that it was a store-house, of the Decatur Mineral & Land Company, a corporation; the third, that it was the dwelling-house of H. G. Barnwell, in which he was lodged at the time; and the fourth, that it was a building or store of the Southern Bell…

1Opinion of the CourtStone, C. J.

The record recites that the prosecuting attorney was allowed to amend the indictment in this case, by striking out the second count. Technically, this ruling was wrong. It was competent for the solicitor, with the permission of the court, to enter a nolle-prosequi as to one *59or more of the counts; and the ruling made accomplished the same result. We will treat the ruling as a nol-pros., and, so treating it, we find no error in this ruling.

The house, or dwelling, charged in the first count to have been burned, is described in the indictment as being the property of Mrs. Echols. Hon. W. H.…

2Cases cited7 opinions

  1. Hawes v. StateSupreme Court of Alabama · 1889
  2. Seams v. StateSupreme Court of Alabama · 1887
  3. State ex rel. Claunch v. CastleberrySupreme Court of Alabama · 1853
  4. Gill v. StateSupreme Court of Alabama · 1878
  5. Heydenfeldt v. TownsSupreme Court of Alabama · 1855

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

3Cited by32 opinions

  1. Sprinkle v. StateCourt of Criminal Appeals of Alabama · 1978
  2. Parsons v. StateSupreme Court of Alabama · 1948
  3. Ala. Great Southern R. R. v. HillSupreme Court of Alabama · 1890
  4. Gilmore v. StateSupreme Court of Alabama · 1892
  5. Byers v. StateSupreme Court of Alabama · 1894

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

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