Public-domain · open source
OpenJurist

113 Ala. 661

McSwean v. State

Supreme Court of Alabama

Decided November 15, 1896

Supreme Court of Alabama · decided 1896-11-15

<p>Appeal from the Circuit Court of Barbour.</p>

Decided 1896-11-15

¶1The appellant, Henry McSwean, was indicted, tried and convicted for arson, in willfully setting fire to and burning an inhabited dwelling.

¶2On appeal it is held that evidence that defendant, while attempting to get another person to burn the house for him, said to such person, “I have tried to burn the house before,” ivas admissible.

¶3It was further held, that it was proper for the court to refuse to instruct the jury that, if defendant lias proved a good character, the jury should give him the benefit of “any doubt” such character may generate; since the defendant was entitled only to any “reasonable” doubt his proven good character would generate.

¶4The judgment of conviction is affirmed.

¶5Opinion by

Brickell, C. J.
/113/ala/661 · .json · Public domain