Luther v. State

PRICE, Presiding Judge.

The indictment charged Phillip Luther with second degree arson in the burning of Wilson’s Discount Store, the property of Betty and Eugene Wilson. Defendant was convicted and sentenced to the penitentiary for four years.

The state’s evidence discloses that Wilson’s Discount Store, in Boaz, and a drug store owned by defendant were situated about 150 feet apart with an alley way running behind both stores.

The testimony of state’s witness Eddie Scott was substantially as follows: Scott, 23 years old, resides in Boaz. He has known defendant for ten years and has worked for…