Legal Opinion

People v. Benson

California Supreme Court

Decided July 1, 1877No. 10,261PublishedCited by 5 opinions

Appeal from the County Court, County of Santa Clara. The defendant was indicted for arson, alleged to have been committed by setting fire to his own house, on the 30th of March, 1876, while it was occupied by W. A. Townsend, his tenant. The witness Van Burén was a constable, and had acted as a detective, and arrested the defendant for the offense. The building was insured for one thousand dollars at the time it was set on fire.

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Appeal from the County Court, County of Santa Clara. The defendant was indicted for arson, alleged to have been committed by setting fire to his own house, on the 30th of March, 1876, while it was occupied by W. A. Townsend, his tenant. The witness Van Burén was a constable, and had acted as a detective, and arrested the defendant for the offense. The building was insured for one thousand dollars at the time it was set on fire. The indictment did not charge that the building was set on fire to obtain the insurance. The witness Van Burén, on his direct examination, had not been questioned as…

1Opinion of the Court

By the Court :

At the trial, one Van Burén, a witness for the prosecution, testified in his examination-in-chief to material facts tending to establish the guilt of the defendant; and on his cross-examination, counsel for the defense propounded to him the following question: “ State whether or not you know of any reward being offered by the Board of Underwriters in this case for the conviction of defendant?” The question, being objected to, was excluded by the Court. The following question was then asked by the defendant: “ I ask you whether you expect, in case of a conviction of defendant,…

2Cases cited2 opinions

  1. People v. DevineCalifornia Supreme Court · 1872
  2. People v. WilliamsCalifornia Supreme Court · 1861

3Cited by5 opinions

  1. State v. EllsworthOregon Supreme Court · 1896
  2. Mann v. McChesneyCalifornia Supreme Court · 1900
  3. People v. WassonCalifornia Supreme Court · 1884
  4. Harper v. CarpenterCalifornia Court of Appeal · 1937
  5. People v. O'BrienCalifornia Supreme Court · 1885

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