Spears v. State
Mississippi Supreme Court
Erom the circuit court of Pontotoc county. Hon. Eugene O. Sykes, Judge. Spears, appellant, was indicted, tried and convicted of arson, sentenced to the penitentiary for life and appealed to the supreme court.
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Erom the circuit court of Pontotoc county. Hon. Eugene O. Sykes, Judge. Spears, appellant, was indicted, tried and convicted of arson, sentenced to the penitentiary for life and appealed to the supreme court. It was shown on the trial that the house which was destroyed .by fire was occupied by Henry Bullard and wife, an aged couple, who were asleep in one room of it when the fire started that there was joined to the house by an uninclosed passage way and roof a room used for storage of fodder; that the fire started , in the fodder room, and was quickly communicated to the rest of the house.…
1Opinion of the Court
Whitfield, O. J.,
delivered the opinion of the court.
Under the facts in this case the house in which the fodder was located was a part of the dwelling house, and the indictment was properly drawn under Code 1906, § 1036. '
We think the tests as to the competency of the bloodhound testimony set out in the Pedigo case, 103 Ky., 41, 44 S. W., 143, 42 L. R. A., 432, 82 Am. St. Rep., 566, were sufficiently met by the testimony in this case. See State v. Dickerson (Ohio), 82 N. E., 969, and State v. Hunter, 143 N. C., 607, 56 S. E., 547, 118 Am. St. Rep., 830, which last case we refer-to specially.…
2Cases cited4 opinions
- Pedigo v. CommonwealthCourt of Appeals of Kentucky · 1898
- Pitts v. StateMississippi Supreme Court · 1871
- Simpson v. StateSupreme Court of Alabama · 1895
- State v. . HunterSupreme Court of North Carolina · 1907
3Cited by33 opinions
- Dycus v. StateMississippi Supreme Court · 1983
- People v. PfanschmidtIllinois Supreme Court · 1914
- Hill v. StateSupreme Court of Alabama · 1922
- State v. RascoSupreme Court of Missouri · 1912
- Terrell v. StateCourt of Special Appeals of Maryland · 1968
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