Shepherd v. People
New York Court of Appeals
Writ of error to the Supreme Court. The plaintiff in error was indicted, tried and convicted of arson in the first degree in the Court of General Sessions in and for the city and county of New York.
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Writ of error to the Supreme Court. The plaintiff in error was indicted, tried and convicted of arson in the first degree in the Court of General Sessions in and for the city and county of New York. The indictment charged him with willfully and maliciously setting fire to the dwelling-house of one Christian Geyer, on the 9th day of June, 1857, in the night-time of said day, in the twenty-second ward of said city, the said Christian Geyer being then and there in said dwelling-house. The trial took place before the Recorder, on the 10th December following. It appeared that the prisoner owned…
1Opinion of the CourtDenio, J.
Although we have come to the conclusion that the conviction in this case ought to be reversed on account of the insufficiency of the evidence to establish the guilt of the plaintiff in error, yet, as a new trial will be ordered, it is necessary that we should determine the questions of law which arose upon the trial, one of which, at least, is of considerable importance. It has been strenuously argued that the offence of arson in the first degree cannot be committed if the dwelling-house burned belonged to, and was in the actual possession of, the offender: in other words, that one cannot be…
2Cases cited1 opinion
- People v. GatesNew York Supreme Court · 1836
3Cited by10 opinions
- Chapman v. Kansas City, Clinton & Springfield Railway Co.Supreme Court of Missouri · 1898
- Delafield v. J. K. Armsby Co.Appellate Division of the Supreme Court of the State of New York · 1901
- In re the Judicial Settlement of the Account of Proceedings of Van KleeckNew York Surrogate's Court · 1916
- Decker v. SextonAppellate Terms of the Supreme Court of New York · 1896
- Thompson v. MenckNew York Court of Appeals · 1865
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