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37 Ala. App. 237

McAllister v. State

Alabama Court of Appeals

Decided June 23, 1953

Alabama Court of Appeals · decided 1953-06-23

Cited by 2 later decisions — most recently November 1956

2 state decisions

Relies on 17 Ala. App. 662 - Peterson v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1953-06-23

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CARR, Presiding Judge.

¶1In the court below the accused was charged and convicted for allowing fire to escape from land owned, leased or controlled by him, whereby property of another person was injured or destroyed. Title 8, § 204, Code 1940. See pocket part for amended statute.

¶2The evidence introduced by the State tended to establish that a pile of brush was set fire on appellant’s land and the flames progressed from this point onto the property of Mr. Garrison and spread over about twenty acres.

¶3The defendant claimed that the fire had its origin on property adjoining his and the flames spread across his land and then onto Mr. Garrison’s property.

¶4No one testified that he saw the appellant set the fire, but there was ample proof from which the court could conclude that the accused willfully, maliciously or wantonly allowed the fire to escape in the manner indicated herein above. The statute authorizes a conviction if such facts are sufficiently shown.

¶5The cause was tried below by the court without a jury. His findings have the effect and force of a jury verdict and should not be disturbed by the appellate court unless the judgment is plainly contrary to the great weight of the evidence. Peterson v. State, 17 Ala.App. 662, 88 So. 49.

¶6*238We have responded' to the only questions which-merit any-discussion.

¶7The judgment below is ordered affirmed.

¶8Affirmed.

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