State v. Copeland

• Decision Date: 09 March 1896
• Citation: State v. Copeland, 46 S.C. 13, 23 S.E. 980 (S.C. 1896)
• Parties: STATE v. COPELAND.
• Court: South Carolina Supreme Court

23 S.E. 980

46 S.C. 13

STATE

v.COPELAND.

Supreme Court of South Carolina.

March 9, 1896.

fokmek jeopardy—indictment.

An acquittal for arson under an indictment alleging the building burned to be that of C. is a bar to a prosecution for the burning of the same building under an indictment alleging it to be the building of E., used by C. for storing grain therein, as an indictment for arson may allegethe building to be the property of either the owner or the person in possession thereof.

Appeal from general sessions circuit court of Hampton county; Buchanan, Judge.

George Copeland was indicted for arson, and appeals from a judgment overruling his plea of autrefois acquit. Reversed.

W. S. Tillinghast, for appellant.

G. Duncan Bellinger, for the State.

POPE, J. At the October term, 1895, of the court of general sessions for Hampton county, in this state, George Copeland, the appellant, was arraigned on an indictment charging him with arson, in that he had on the 20th day of April, 1895, feloniously, willfully, and maliciously burned, by having "set Are to, a certain house, to wit, a barn of one Ella Willcox, used by one C. H. Wilcox for the purpose of storing his corn therein." To this indictment the said George Copeland interposed the plea of autrefois acquit; basing said plea upon his indictment for, and acquittal thereon of. arson, in that he had on the 20th day of April, 1895, burned, by having "set fire to, a certain house, to wit, a corn house or bam of one C. H. Wilcox." The circuit judge (Judge Buchanan) overruled the plea, and the defendant appeals from said decision.

It is admitted that the only difference in the two indictments is that in one—the first— the barn or corn house is alleged "of one C. H. Willcox, " while in the second it is alleged that such barn or...