Curran's Case
Supreme Court of Virginia
At the June term 18S0 of the Circuit court for the county of Augusta, the grand jury found an indictment for arson against Martin Curran and eight others. The indictment charged that they feloniously, wilfully and maliciously did set fire to and burn down a certain 'x'dwelling house of one Charles Fast, contrary to the form of the statute, &c.
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At the June term 18S0 of the Circuit court for the county of Augusta, the grand jury found an indictment for arson against Martin Curran and eight others. The indictment charged that they feloniously, wilfully and maliciously did set fire to and burn down a certain 'x'dwelling house of one Charles Fast, contrary to the form of the statute, &c. Curran was tried separately, and the jury found him guilty of arson in the day time; and fixed the term of his confinement in the penitentiary at three years. After the verdict he applied to the Court by petition in writing for a new trial, on the…
1Opinion of the Court
1. A juror's having expressed himself, before the jury was empanneled, as determined to punish a prisoner if taken on the jury, not from any malice towards him, but from an opinion of his conduct, is no ground for setting aside the verdict and granting a new trial.
2. An indictment for arson, according to the form at common law, is sufficient in a case of arson in the day time.
3. To convict of the offence of burning at night, it seems, the indictment must charge the burning in the night.
4. Though the offence of burning in the day time may be charged in the common law form, yet it is more…
2Cases cited1 opinion
- Commonwealth v. JonesGeneral Court of Virginia · 1829
3Cited by15 opinions
- State v. GreerWest Virginia Supreme Court · 1883
- Barnes v. CommonwealthSupreme Court of Virginia · 1895
- State v. HobbsWest Virginia Supreme Court · 1893
- State v. McDonaldWest Virginia Supreme Court · 1876
- Dilworth v. CommonwealthSupreme Court of Virginia · 1855
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