Williams v. State
Alabama Court of Appeals
Appeal from Anniston City Court. Heard before Hon. Thomas W. Coleman, Jr. Jim Williams was convicted of arson, and be appeals.
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Appeal from Anniston City Court. Heard before Hon. Thomas W. Coleman, Jr. Jim Williams was convicted of arson, and be appeals. For questions certified to the Supreme Court, and answered in this case* see 176 Ala., 58 South. 921. The ownership must be alleged and must be proven as laid in an indictment for arson. — Marker v. The State, 26 Ala. 72; Graham v. The State, 40 Ala. 659; Smoke v. The State, 87 Ala. 143; Thomas v. The State, 116 Ala. 461. It is not arson when the owner burns his own house.— Sullivan v. The State, 5 Stew. 175. Or for the husband to burn the wife’s house. — Bex…
1Opinion of the Court
de. GRAFFENRIED, J.
At common law neither the husband nor the wife could be convicted of arson for willfully setting fire to or burning the property of the other. One of the essential elements of arson is that the offense shall be committed for the purpose of injuring or defrauding the party in possession of the property at the time of the commission of the offense. As the husband and wife, in contemplation of law, are one — the Avife being under the protection of the husband, feme covert — the common law declared that, “to constitute the offense, there should be an intent to injure or defraud…
2Cases cited13 opinions
- Hornsby v. StateSupreme Court of Alabama · 1891
- Stone v. StateSupreme Court of Alabama · 1894
- Ross v. StateSupreme Court of Alabama · 1883
- Washington v. StateSupreme Court of Alabama · 1894
- Smith v. StateSupreme Court of Alabama · 1902
8 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Fincher v. StateSupreme Court of Alabama · 1924
- Morris v. StateAlabama Court of Appeals · 1933
- Morris v. StateAlabama Court of Appeals · 1932
- Hosey v. StateCourt of Criminal Appeals of Alabama · 1977
- Gilbreath v. StateAlabama Court of Appeals · 1917
4 more not listed; retrieve them via the Exa API.