Legal Opinion

People v. Burton

New York Supreme Court

Decided May 18, 1894PublishedCited by 1 opinion

Appeal from court of Oyer and terminer, Otsego county. Harry Burton and Frank Clapper were convicted of arson, and appeal. Affirmed.

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Appeal from court of Oyer and terminer, Otsego county. Harry Burton and Frank Clapper were convicted of arson, and appeal. Affirmed. The indictment charged defendants with having, on the 14th day of June, 1892, at the town of Oneonta, committed the crime of arson in the second degree, by having in the nighttime, willfully, maliciously, and feloniously set on fire, with intent to bum the same, a building not inhabited, to wit, a blacksmith shop, there situate on Main street, in the village of Oneonta, belonging to and owned by Ann Elizabeth Amsden, and adjoining and within the curtilage of an…

1Opinion of the CourtHardin, P. J.

From the evidence it appears that the blacksmith shop mentioned in the indictment is a wooden building, and was discovered on fire at the rear end thereof, and being situated within about three feet of the Lacey block, which is also a wooden building, and the roof of the blacksmith shop is built into or against the Lacey block. The description of the location of the buildings and their situation with respect to each other sufficiently indicates that the fire in the blacksmith shop endangered the Lacey block. The fire was discovered about 4 o’clock in the morning of June 14th, on the outside…

2Cases cited7 opinions

  1. People v. . EverhardtNew York Court of Appeals · 1887
  2. Law v. MerrillsCourt for the Trial of Impeachments and Correction of Errors · 1830
  3. People v. . TaylorNew York Court of Appeals · 1893
  4. People v. TrezzaNew York Court of Appeals · 1891
  5. Garrison v. AkinNew York Supreme Court · 1847

2 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. People v. PerlmanNew York Supreme Court · 1926

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