Supreme Court of Alabama, 1897

Granison v. State

Supreme Court of Alabama · Decided November 15, 1897 · Head

117 Ala. 22

Cases that cite this one

8 later published cases cite this decision.

Braxton v. State (Ala. Ct. App. 1919)
Payne v. State (Ala. 1954)
Cobb v. State (Ala. Ct. App. 1924)
Daniels v. State (Ala. Ct. App. 1915)
Cunningham v. State (Ala. Ct. App. 1915)
Boice v. State (Ala. Ct. App. 1914)
Barlew v. State (Ala. Ct. App. 1912)
Martin v. State (Ala. 1899)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

HEAD, J.

The indictment charges arson — the burning of a store, not the burning of the property therein *25contained.' The degree of the arson is determinable', it is ti-ue, by the value of the store and the property therein contained, but the offense is the burning of the store. If both be of the value of $500 or more, it is arson in the second degree, if the store be burned under circumstances constituting arson, although not an article of the property contained therein be burned. So, the injury constituting the offense is to the store, and its ownership only need be alleged.

There was sufficient evidence to carry to the jury the question whether the house was burned by accident or design — therefore sufficient evidence of the corpus delicti. to let in a confession, express or implied, of the defendant. The implied confession testified toby the witnesses, Andrew Dale and Ed Welsh, was properly admitted.

It was within the discretion of the court to allow additional evidence of the value of the property, after the defendant closed his evidence — a discretion not revisable here.

Charges 1 and 2 requested by defendant were argumentative, and charge 3 was abstract.

The oral charge excepted to was proper under the evidence.

Affirmed.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.