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80 Ala. 201

Sands v. State

Supreme Court of Alabama

Decided December 15, 1885

Supreme Court of Alabama · decided 1885-12-15

Tried before the Hon John Moore. The appellants, Lewis Saunders, John Rentzand Jesse Johnson, defendants in the court below, were convicted at the Fall Term of said court, 1885, of the offense of arson in the first degree.

Key passage — most relied on by later courts

““The description of the property burned, as ‘the jail of Wilcox county,’ was a sufficient averment of. ownership, without more. We judicially know that the county jails in this state are the property of the several counties in which they are severally located, and that each county in the state is a body corporate. Coda 1876, §§ '820, 815. Matters of which judicial notice is taken need not be stated in indictments, any more than in ordinary pleadings in civil causes.””

quoted by 1 later decision, including 19 Ala. App. 233 - Gilbert v. State

Relies on City Council of Montgomery v. Wright · Redd v. State · Porter v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1885-12-15

How this case has been cited

Cited by 8 later decisions — most recently June 1933

8 state decisions

20188518901900191019201930decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

SOMERVILLE, J.

¶1This indictment was clearly good, and charged with sufficient certainty the crime of arson in the first degree, as defined by section 4346 of the present Code of 1876. — Code, form Ño. 34, p. 995. The description of the property burned, as “the jail of Wilcox county,” was a sufficient averment of ownership, without more. We judicially know that the county jails in this State are the property of the several counties in which they are severally located, and that each county in the State is a body corporate. — Code, 1876, §§ 820, 815. Matters of which judicial notice is taken need not be stated in indictments any more than in ordinary pleadings in civil causes. — Lockett v. The State, 63 Ala. 5; Code, 1876, § 4791; City Council of Montgomery v. Wright, 72 Ala. 411.

¶2We perceive no error in the admission of the confessions shown to have been made by the defendant Johnson. They were free from every objection, even under the liberal rules laid down by this court, ample proof having first been made that they were not obtained by threats or promises, or in any manner induced by the appliances of hope or fear, excited in the mind of the accused. Redd v. State, 69 Ala. 255; Murphy v. Style, 63 Ala. 1; Porter v. State, 55 Ala. 95.

¶3*204The charge requested by the defendants and refused by the court was so obviously bad as scarcely to require notice. It entirely ignores the question of the actual guilt or innocence of the defendants, and directs their acquittal of the crime if the arson charged “could” have been committed without their assistance.

¶4The record is free from error and the judgment is affirmed.

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