People v. Gates
New York Supreme Court
William Gates was convicted of the crime of arson in the second degree, at the Erie oyer and terminer in March,1835, and judgment was respited to obtain the advice of this court on a case made. The indictment contained six counts.
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William Gates was convicted of the crime of arson in the second degree, at the Erie oyer and terminer in March,1835, and judgment was respited to obtain the advice of this court on a case made. The indictment contained six counts. In the first the prisoner was charged with having on, &c. in the night time wilfully set fire to and burned the dwelling house of John A. Newbold, situate, &,c.; such house being adjoining to and within the curtilage of an inhabited dwelling house of one Aaron Rumsey, in which last mentioned dwelling house there was at the time a human being; by means of which the…
1Opinion of the Court
By the Court,
Savage, C. J.
The revised statutes make four-degrees in the crime of arson. Arson in the first degree is declared to consist in wilfully setting fire to, or burning in the night time, a dwelling house in which there shall be at the time some human being; and every house, prison, jail or other edifice, which shall have been usually occupied by persons lodging therein at night, it is declared shall be deemed a dwelling house of any person.so lodging therein, 2 R. S. 657, § 9; but no warehouse, barn, shed or other out-house shall be deemed a dwelling house or part of a dwelling house…
2Cited by19 opinions
- Shepherd v. . the PeopleNew York Court of Appeals · 1859
- Lipschitz v. PeopleSupreme Court of Colorado · 1898
- People v. MyersCalifornia Supreme Court · 1862
- People v. De WintonCalifornia Supreme Court · 1896
- Shepherd v. PeopleNew York Court of Appeals · 1859
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