State v. Philbin
Supreme Court of Louisiana
APPEAL from the Criminal District Court for the Parish of Orleans. Balter, J. Where the defense denounced by the statute consists in wilfully or maliciously setting fire to and burning a building, the indictment may charge the burning to have been done “feloniously, unlawfully and maliciously.” It is permissible, hut not essential, to set out that the criminal act was both wilful and malicious, 1 Eish. C. Proc. §§ 436, 434, 558; Bish. on Stat. Crimes, §244; Whart. Or.
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APPEAL from the Criminal District Court for the Parish of Orleans. Balter, J. Where the defense denounced by the statute consists in wilfully or maliciously setting fire to and burning a building, the indictment may charge the burning to have been done “feloniously, unlawfully and maliciously.” It is permissible, hut not essential, to set out that the criminal act was both wilful and malicious, 1 Eish. C. Proc. §§ 436, 434, 558; Bish. on Stat. Crimes, §244; Whart. Or. P. and P. §§228,362, 163. The crime of arson, in this State, is the “ wilful and malicious burning of tbe bouse of another.”…
1Opinion of the Court
The opinion of the Court was delivered by
Todd, J.
The defendants were sentenced to seven years’ imprisonment at hard labor.
The indictment under which they were tried and convicted charged that the defendants “did feloniously, unlawfully and maliciously set fire to and burn a certain building * * * known as Hill’s soda water manufactory,” etc.
Amotion in arrest of judgment was made. The ground of the motion was substantially, that the offense charged was the crime of arson at common law, and that the indictment in charging that the act was done feloniously, unlawfully and maliciously, was…
2Cited by8 opinions
- State v. PorterSupreme Court of Louisiana · 1933
- State v. NoelSupreme Court of Louisiana · 1910
- Henderson v. CommonwealthCourt of Appeals of Kentucky · 1919
- Hall v. De Kalb CountySupreme Court of Alabama · 1922
- State v. AndersonSupreme Court of Louisiana · 1927
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