People v. Fitzgerald
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, John M. Fitzgerald, from a judgment of the Comity Court of Monroe county in- favor of the plaintiff, rendered on the 8th day of February, 1896, convicting him of the crime of arson in the second degree, and also from an order entered in said clerk’s office on the 8th day of February, 1896, denying the defendant’s motion for a new trial made upon the minutes.
Read the full summary
Appeal by the defendant, John M. Fitzgerald, from a judgment of the Comity Court of Monroe county in- favor of the plaintiff, rendered on the 8th day of February, 1896, convicting him of the crime of arson in the second degree, and also from an order entered in said clerk’s office on the 8th day of February, 1896, denying the defendant’s motion for a new trial made upon the minutes. The bill of exceptions contained all of the evidence given upon the trial as well as the exhibits set out at length. In the Oyer and Terminer of Monroe county an indictment was found charging the defendant with…
1Opinion of the Court
Hardin, P. J.:
In July, 1895, there existed at Charlotte a corporation .known as the Holy Cross Church, having’in its possession several buildings, among others the one mentioned in the indictment and known as the parochial school,building.. Hear to that building was, a residence occupied by the defendant, who, since 1881, was pastor in charge, of the affairs of such corporation, and had been its treasurer and a member of its board of trustees, which also had-two-lay members. . ■ .
To sustain the indictment the People gave no evidence to show that the defendant personally set the. building in…
2Cases cited9 opinions
- Pierson v. . the PeopleNew York Court of Appeals · 1880
- Gordon v. . the PeopleNew York Court of Appeals · 1865
- Schwier v. New York Central & Hudson River RailroadNew York Court of Appeals · 1882
- Nemetty v. . NaylorNew York Court of Appeals · 1885
- People v. YoungNew York Court of Appeals · 1985
4 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- People v. ProvostMichigan Supreme Court · 1906