Legal Opinion

State v. Thornton

Supreme Court of Vermont

Decided January 15, 1884PublishedCited by 7 opinions

Arson. Trial by jury, September Term, 1883, Yeazey, J., presiding. Yerdict, guilty. The court rendered ’ judgment on the verdict, and sentenced the respondent to hard labor in the house of correction, at Rutland, for two years.

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Arson. Trial by jury, September Term, 1883, Yeazey, J., presiding. Yerdict, guilty. The court rendered ’ judgment on the verdict, and sentenced the respondent to hard labor in the house of correction, at Rutland, for two years. Indictment: That Frank Thornton of Brandon, in the County of Rutland,' on the twentieth day of May, in the year of our Lord one thousand eight hundred and eighty-three, at Brandon, in the County of Rutland aforesaid, with force and arms, a certain building, to wit:-a certain barn, of one Bradley Barlow there situate, it being an outbuilding adjoining the dwelling house…

1Opinion of the Court

The’opinion of the court was delivered by

Ross, J.

The indictment charges the respondent with having set fire to and burned “ a certain barn of one Bradley Barlow,” *37* * “ it being an outbuilding adjoining the dwelling house of the said Bradley Barlow,” contrary to the statute, etc. The entire charge in the .indictment, if proven, was an offense against sec 4126, R. L., as amended by tire act of 1882. If that part of the charge which relates to the barn being an outbuilding adjoining the dwelling house of Bradley Barlow, can be rejected as surplusage, or if a conviction can be had for burning…

2Cases cited2 opinions

  1. State v. BurtSupreme Court of Vermont · 1853
  2. State v. CarpenterSupreme Court of Vermont · 1882

3Cited by7 opinions

  1. State v. StewartSupreme Court of Vermont · 1887
  2. State v. DesoSupreme Court of Vermont · 1938
  3. In Re Estate of RhodesTennessee Supreme Court · 1968
  4. State v. QuesnelSupreme Court of Vermont · 1965
  5. State v. ShappySupreme Court of Vermont · 1906

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