State v. Emerson
Supreme Court of New Hampshire
Indictment against Bradbury Emerson, alleging that the defendant, “ with force and arms, a certain building of one Thomas J. Blake, of said Ossipee, laborer, there situate, called a barn, feloniously, wilfully, and maliciously did set fire to, burn, and • consume.”
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Indictment against Bradbury Emerson, alleging that the defendant, “ with force and arms, a certain building of one Thomas J. Blake, of said Ossipee, laborer, there situate, called a barn, feloniously, wilfully, and maliciously did set fire to, burn, and • consume.” The opening statement of the state’s counsel was, that a bam and adjoining hog-house, belonging to Blake, were several feet distant from his dwelling-house, not joined to or touching his house; that the defendant set fire to the bam, and the barn and hog-house were burned, and the fire from one or both communicated to the…
1Opinion of the CourtHibbard, J.
I. According to the opening statement, an indictment, charging that the defendant burned the barn whereby the dwelling-house of Blake was burned, might have been sustained under sec. 1, ch. 262, Gen. Stats., which provides that “ if any person shall wilfully and maliciously burn any dwelling-house, or any outbuilding adjoining thereto, or any building whereby any dwelling-house shall be burned, he shall .be imprisoned from seven to thirty years.” But this indictment does not charge that by the burning of the bam a dwelling-house was burned; and, as the punishment cannot exceed that prescribed…
2Cases cited3 opinions
- Hocker v. GentryCourt of Appeals of Kentucky · 1861
- Revill v. PettitCourt of Appeals of Kentucky · 1860
- Barber's Administrators v. HopewellCourt of Appeals of Kentucky · 1858