Hoyt v. People

Plaintiff in error was indicted jointly with Asa Sapp and Gustave L. Traub, but he was tried alone, and the jury found him guilty as charged in the third count of the indictment. The sufficiency of that count was questioned on the alleged ground of duplicity, by a motion to quash, which was overruled by the court, and it is now insisted that the court erred in this ruling. The substance of the allegations of the count, which are in apt technical language, is, that the parties in-dieted agreed to burn an elevator of one Peter Hoyt, and, in pursuance of that agreement, did burn it. The…