Dedieu v. . the People
New York Court of Appeals
Writ of error to the Supreme Court. - The prisoner was indicted in the Court of General Sessions of the city of New York for the crime of arson in the first degree. The indictment charged him with having, on the 21st March, 1858, in the night time, set fire to a certain dwelling house of one Amelia Asselin, situate in New York, “there being, then and there, within the said dwelling house some human beings,” contrary to the statute, &c.
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Writ of error to the Supreme Court. - The prisoner was indicted in the Court of General Sessions of the city of New York for the crime of arson in the first degree. The indictment charged him with having, on the 21st March, 1858, in the night time, set fire to a certain dwelling house of one Amelia Asselin, situate in New York, “there being, then and there, within the said dwelling house some human beings,” contrary to the statute, &c. After not guilty pleaded, the trial took place in the Sessions before the city judge. It appeared that the prisoner occupied an apartment in a building…
1Opinion of the Court
I am of opinion that this judgment cannot be sustained. The prisoner has been convicted and sentenced for an offence of which the grand jury never indicted him.
In this State, all offences punishable by imprisonment in the State prison are defined by statute. Each separate crime consists in the commission or omission of certain acts under certain circumstances, and, in some cases, with a particular intent. An indictment for any of these offences must charge the defendant, with certainty and precision, with having committed or omitted the acts, under the circumstances and with the intent…
2Cases cited3 opinions
- People v. TaylorNew York Supreme Court · 1846
- People v. AllenNew York Supreme Court · 1847
- People v. WhiteNew York Supreme Court · 1839
3Cited by51 opinions
- People v. UdzinskiAppellate Division of the Supreme Court of the State of New York · 1989
- People v. MussendenNew York Court of Appeals · 1955
- People v. JohnsonNew York Court of Appeals · 1976
- People v. MillerAppellate Division of the Supreme Court of the State of New York · 1911
- State v. StumbaughSouth Dakota Supreme Court · 1911
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