State v. Moore
Supreme Court of Missouri
Appeal from Dade County Circuit Coitrt. I. The indictment is insufficient, and no testimony could be introduced under it, and defendant could not be convicted •upon it. II. The bouse burned was, quoad the indictment, the house of the defendant, and it was not arson if lie burned it. The language of our statute, “the house of another,” is the language of the common law definition of arson, viz: “ the willful aud malicious burning of the house of another.” (4 Blackst.
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Appeal from Dade County Circuit Coitrt. I. The indictment is insufficient, and no testimony could be introduced under it, and defendant could not be convicted •upon it. II. The bouse burned was, quoad the indictment, the house of the defendant, and it was not arson if lie burned it. The language of our statute, “the house of another,” is the language of the common law definition of arson, viz: “ the willful aud malicious burning of the house of another.” (4 Blackst. Com., 220; Whart. Am. Crim. Law, § 165S ; Bisli. Crim. Law, §§ 38, 39, and cases cited; Id., § 43; Whart. Am. Crim. Law, §§…
1Opinion of the CourtSherwood, Judge
The defendant was indicted and convicted of arson. The indictment is based on sec. 5, ( Wagn. Stat., 454) which designates and provides for punishment of arson in the third-, deg’ree. A number of errors have been assigned as cause for reversal of the judgment below, and they will’be briefly noticed.
I
There is no merit in the point tha.t the indictment charges that the defendant burned “ a house or building,” these words being evidently used as terms of synonomous import, (State vs. Ellis, 4 Mo., 474) and intended to designate one and the same building; and therefore there is no uncertainty as…
2Cases cited5 opinions
- Jones v. ManlySupreme Court of Missouri · 1875
- Brown v. CommonwealthMassachusetts Supreme Judicial Court · 1811
- Flournoy v. WardenSupreme Court of Missouri · 1853
- Gitt v. WatsonSupreme Court of Missouri · 1853
- State v. EllisSupreme Court of Missouri · 1837
3Cited by22 opinions
- State v. VirdureSupreme Court of Missouri · 1963
- State v. UlrichSupreme Court of Missouri · 1892
- Phillips v. EvansSupreme Court of Missouri · 1876
- Globe Printing Co. v. StahlMissouri Court of Appeals · 1886
- Thomas v. BlackSupreme Court of Missouri · 1892
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