Hester v. State
Supreme Court of Georgia
Arson, in Taylor Superior Court. Tried before Craweord, Oct. Term, 1854. The errors assigned are the refusal of a motion in arrest of judgment, and a motion for a new trial. The indictment alleged that the defendant did “burn an outhouse, being then and there a corn crib, on the plantation of E. E. — the said corn crib not then and there being in a town or village — by setting fire- to the same.”
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Arson, in Taylor Superior Court. Tried before Craweord, Oct. Term, 1854. The errors assigned are the refusal of a motion in arrest of judgment, and a motion for a new trial. The indictment alleged that the defendant did “burn an outhouse, being then and there a corn crib, on the plantation of E. E. — the said corn crib not then and there being in a town or village — by setting fire- to the same.” Motion in arrest— 1st. Recause it did not allege that the house was consumed. 2d. Recause it did not allege that it was in the day time or at night. 3d. Because it did not allege that the out-house…
1Opinion of the Court
*132 By the Court.
Running, J.
delivering tbe opinion.
Should the motion to arrest the judgment have been sustained ?
The first ground on which the motion was put, was that the indictment did not allege the house to have been consumed. What the indictment alleged was, that the accused “ did” “burn” the house.
To burn has for its first and leading meaning, in Webster’s Dictionary, “ to consume with fire.”
The word is commonly used, too, in that sense.
It is to be presumed, therefore, that it was so used in the indictment.
[1.] At all events, it is the word used in the definition of the offence of arson,…
2Cited by10 opinions
- Randall v. StateCourt of Appeals of Georgia · 1945
- Youngblood v. RuisCourt of Appeals of Georgia · 1957
- Barfield v. StateCourt of Appeals of Georgia · 1939
- Hicks v. StateSupreme Court of Georgia · 1899
- Notis v. StateCourt of Appeals of Georgia · 1951
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