Davis v. State
Supreme Court of Alabama
Arpead from the Circuit Court of Clarke County. Tried before the Hon. John C. Anderson. The appellant in this case, Sam Davis, Avas indicted, tried and convicted for arson in Avilfully setting fire to and burning a divelling house of one John Guy, and Avas sentenced to the penitentiary for ten years. The indictment contained two' counts.
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Arpead from the Circuit Court of Clarke County. Tried before the Hon. John C. Anderson. The appellant in this case, Sam Davis, Avas indicted, tried and convicted for arson in Avilfully setting fire to and burning a divelling house of one John Guy, and Avas sentenced to the penitentiary for ten years. The indictment contained two' counts. In the first count it ivas alleged that at the time of the fire a human being was in the dAvelling house, and in the second count it was alleged that at the time of the fire no human being was m the divelling house. On the trial of the case, John Guy, ivhose…
1Opinion of the CourtHaralson, J.
1. The witness, Guy, for the State, testified to facts tending to show that the fire which destroyed his dwelling house was of incendiary origin. The burning occurred in his absence. He testified that, there was no dynamite or other explosive substance in the house when he left it, to which statement the defendant objected, and moved the court to exclude it, on the ground that the witness- had failed to show that he was an expert, or knew what dynamite or other- explosives were, which motion the court overruled. There was no error here. The witness was not stating an opinion, but a fact. If…
2Cases cited2 opinions
- Winslow v. StateSupreme Court of Alabama · 1884
- Smith v. StateSupreme Court of Alabama · 1901
3Cited by8 opinions
- State v. JacobsonSupreme Court of Minnesota · 1915
- Daniels v. StateAlabama Court of Appeals · 1915
- State v. BlockerSupreme Court of South Carolina · 1944
- Braxton v. StateAlabama Court of Appeals · 1919
- McLain v. StateAlabama Court of Appeals · 1916
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