McSwean v. State

Supreme Court of Alabama

McSwean v. State

113 Ala. 661

DecidedNovember 15, 1896

StatusPublished

This text of 113 Ala. 661 (McSwean v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

McSwean v. State, 113 Ala. 661 (Ala. 1896).

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Opinion

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

On 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.

It 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.

The judgment of conviction is affirmed.

Opinion by

Brickell, C. J.

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

On 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.

It 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.

The judgment of conviction is affirmed.

Opinion by

Brickell, C. J.

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Bluebook (online)

113 Ala. 661, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcswean-v-state-ala-1896.