State v. Fenlason
Supreme Judicial Court of Maine
ON EXCEPTIONS. This was an indictment in which it is set forth in the first and third counts that the respondent, a "dwelling house,” in the night time, feloniously, wilfully and maliciously did set fire to, "and the said dwelling house,” " by the setting of such fire in the night time, did feloniously, wilfully and maliciously burn and consume,” and in the second and fourth counts it is set forth that the respondent, " a certain building called a barn,” " in the night time,…
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ON EXCEPTIONS. This was an indictment in which it is set forth in the first and third counts that the respondent, a "dwelling house,” in the night time, feloniously, wilfully and maliciously did set fire to, "and the said dwelling house,” " by the setting of such fire in the night time, did feloniously, wilfully and maliciously burn and consume,” and in the second and fourth counts it is set forth that the respondent, " a certain building called a barn,” " in the night time, feloniously, wilfully and maliciously did set lire to with intent” "a dwelling house” "to burn and consume, and that by…
1Opinion of the CourtEmery, J.
I. As to the admission of the testimony of Gray about threats made by the respondent to burn the building.
Evidence of prior threats by a respondent to do the particular act he is charged with doing, is clearly admissible. No citation of authorities is needed to establish this proposition. The threats testified to by Gray were threats to burn the same building the respondent was charged with burning. It is urged in the argument that the ownership of the building had changed between the time of the threats and the time of the burning. The bill of exceptions does not state any such change of…
2Cases cited4 opinions
- Marks v. CowlesSupreme Court of Alabama · 1875
- Huidekoper v. CottonSupreme Court of Pennsylvania · 1834
- State v. . RickettsSupreme Court of North Carolina · 1876
- Hoghtaling v. OsbornNew York Supreme Court · 1818
3Cited by12 opinions
- State v. WardSupreme Court of Vermont · 1888
- State v. SmithSupreme Judicial Court of Maine · 1944
- State v. EatonSupreme Judicial Court of Maine · 1973
- State v. JewellSupreme Judicial Court of Maine · 1972
- State v. LizotteSupreme Court of Vermont · 1938
7 more not listed; retrieve them via the Exa API.