State v. Young

• Decision Date: 21 January 1904
• Citation: 139 Ala. 136,36 So. 19
• Parties: STATE v. YOUNG.
• Court: Alabama Supreme Court

36 So. 19

139 Ala. 136

STATE v. YOUNG.

Supreme Court of Alabama

January 21, 1904

Appeal from City Court of Selma; John W. Mabry, Judge.

George Young was prosecuted for arson, and discharged on habeas corpus, and the state appeals. Affirmed.

Massey Wilson, Atty. Gen., for the State.

Henry F. Reese and B. J. Gayle, for appellee.

DOWDELL J.

The defendant was arrested on a warrant issued by a justice of the peace on affidavit charging him with arson, and, upon preliminary hearing, was by the justice committed to jail. Upon his application to the judge of the city court of Selma he was discharged by the judge of said city court on writ of habeas corpus. From the judgment discharging the defendant the state prosecutes this appeal.

The undisputed evidence was that the defendant was in the possession and actual occupancy, under a lease, of the house alleged to have been burned by him. Arson, at common law, as well as under the statute, is an offense against the possession, rather than the property. Heard v State, 81 Ala. 55, 1 So. 640; Adams v. State, 62 Ala. 177. The defendant was, in a sense, during the term of the lease, and while in the possession and occupancy of the house, the owner. Under the above authorities, and ...