Legal Opinion

People v. Schwartz

California Supreme Court

Decided July 1, 1867PublishedCited by 27 opinions

Appeal from the County Court, City and County of San Francisco. The following is the indictment found in this case: “ Henry Schwartz is accused by the grand jury of the City and County of San Francisco, State of California, by this indictment, found on this 2d day of November, A. D. 1866, of the crime of arson in the second degree, committed as follows : That said Henry Schwartz, on the 29th day of August, A. D. 1866, at the city, county and State aforesaid, feloniously,…

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Appeal from the County Court, City and County of San Francisco. The following is the indictment found in this case: “ Henry Schwartz is accused by the grand jury of the City and County of San Francisco, State of California, by this indictment, found on this 2d day of November, A. D. 1866, of the crime of arson in the second degree, committed as follows : That said Henry Schwartz, on the 29th day of August, A. D. 1866, at the city, county and State aforesaid, feloniously, wilfully and maliciously did aid, abet and assist, advise and encourage one Albert Selig to do and commit the crime of…

1Opinion of the Court

By the Court, Sanderson, J.:

The defendant was indicted for the crime of arson in the second degree, under the seventh section of the Act of the 19th of April, 1856, which provides that “ Every person who shall wilfully bum, or cause to be burned, any building, etc., * * * which shall be at the time insured against loss or damage by fire, with intent to injure or defraud such insurer, whether the same be the property of such person or any other, shall, upon conviction, be adjudged guilty of arson in the second degree and punished accordingly.” (Statutes 1856, p. 132.)

He is charged as…

2Cases cited2 opinions

  1. People v. HughesCalifornia Supreme Court · 1865
  2. State v. MeadSupreme Court of Vermont · 1855

3Cited by27 opinions

  1. In re the Estate of CookCalifornia Supreme Court · 1888
  2. People v. RozelleCalifornia Supreme Court · 1888
  3. People v. AngelopoulusCalifornia Court of Appeal · 1939
  4. State v. SavageOregon Supreme Court · 1900
  5. Emmonds v. StateSupreme Court of Alabama · 1888

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