Howel v. Commonwealth
General Court of Virginia
The facts of the case are sufficiently stated in the opinion of the Court, delivered by Lomax, J. The prisoner was indicted in the Circuit Court of Wood, for arson. The first count charged, that she did “feloniously, unlawfully, willingly and maliciously set fire to and burn a certain mill-house of one Fidelias Ott," &c. The second count charged that she did “ feloniously, maliciously, unlawfully, and willingly set fire to a certain other house of the said Fidelias Ott," &c.
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The facts of the case are sufficiently stated in the opinion of the Court, delivered by Lomax, J. The prisoner was indicted in the Circuit Court of Wood, for arson. The first count charged, that she did “feloniously, unlawfully, willingly and maliciously set fire to and burn a certain mill-house of one Fidelias Ott," &c. The second count charged that she did “ feloniously, maliciously, unlawfully, and willingly set fire to a certain other house of the said Fidelias Ott," &c. These are the only counts in the indictment, and both conclude against the form of the statute, &c. The prisoner, upon…
1Opinion of the Court
The foregoing exceptions, as for errors occurring at the trial, this Court overrules. But this Court is of opinion that there was error in the Court below, in overruling the prisoner’s demurrer to the second count of the indictment. The charge in that count is, for setting fire to a certain other house, and the offence, in the language of the statute, is to burn any house, &c.
We are not satisfied that setting fire to and burning, have been established by any legal authority to be synonymes, so as to justify, in an indictment upon the statute, the substitution of the former words in the place…
2Cited by10 opinions
- Benton v. CommonwealthSupreme Court of Virginia · 1895
- State v. MeadowsWest Virginia Supreme Court · 1881
- Bank of the Ohio Valley v. LockwoodWest Virginia Supreme Court · 1878
- Burns Bros. v. MorrisonWest Virginia Supreme Court · 1892
- Hunter v. Snyder's Ex'rWest Virginia Supreme Court · 1877
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