Legal Opinion

State v. Donovan

New York Court of General Session of the Peace

Decided February 5, 1914PublishedCited by 26 opinions

Burton F. Donovan was indicted for an offense. On demurrer to the indictment (No. 9, October Term, 1913). Sustained in part, and overruled in part. For trial s. c., see—Boyce—, 95 Atl. 1041. The indictment contains three counts.

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Burton F. Donovan was indicted for an offense. On demurrer to the indictment (No. 9, October Term, 1913). Sustained in part, and overruled in part. For trial s. c., see—Boyce—, 95 Atl. 1041. The indictment contains three counts. The first charges that the accused did “unlawfully, willfully and corruptly solicit, urge and endeavor to procure one * * * feloniously, maliciously and willfully to set on fire a certain warehouse, * * * by * * * wickedly, advisedly and corruptly offering the said * * * a large sum of money, with intent thereby * * * to procure him, * * * feloniously, willfully and…

1Opinion of the Court

Boyce, J.,

delivering the opinion of the court:

Counsel for the accused demurred to the indictment, contending: As to the first count, that an attempt cannot be predicated upon mere solicitation; as to the second, that mere solicitation to commit a crime is not indictable; and that even if it were at common law, the Legislature, under Chapter 128, Revised Code (1893), 933-934, has enacted a complete penal code with respect to arson and other burnings below the grade of arson, including attempts to bum, thereby abrogating the common law upon the subject, .so that, as to the latter offenses,…

2Cases cited24 opinions

  1. United States v. CarllSupreme Court of the United States · 1882
  2. People v. . SullivanNew York Court of Appeals · 1903
  3. Commonwealth v. PeasleeMassachusetts Supreme Judicial Court · 1901
  4. People v. . GardnerNew York Court of Appeals · 1894
  5. Commonwealth v. McHaleSupreme Court of Pennsylvania · 1881

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

3Cited by26 opinions

  1. State v. OttoIdaho Supreme Court · 1981
  2. Sheeran v. StateSupreme Court of Delaware · 1987
  3. State v. SchleiferSupreme Court of Connecticut · 1923
  4. State v. BeckwithSupreme Judicial Court of Maine · 1938
  5. McNeill v. TarumianzDistrict Court, D. Delaware · 1956

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

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