People v. Van Blarcum
New York Supreme Court
The defendant was convicted at the last Oyer and Terminer, in Dutchess county, of 'arson, in burning the county court-house and gaol. It was described in the indictment, as the dwelling-house of John Forbes, who was the gaoler, and who, by permission of the sheriff lived with his family in a part of that building, and under the roof with the court-house and gaol. A motion was made, in arrest of judgment, on the ground that this was not the dwelling-house of Forbes.
1Per curiam
If one be indicted for burning the dioelL ing-house of another, it is sufficient, if it be, in fact, the
*105dwelling-house of such person.' The court will not inquire into the tenure (a) or interest which such person has in the house burnt. It is enough that it was his actual dwelling at the time.
Motion denied.
Occupation of the dwelling house seems.suflicient; probably upon the same reason that possession of stolen goods before-the felony is sufficient to lay them in the indictment, as the property of the person from whose possession they were stoloD, and no enquiry can bo made into the title of…
2Cited by7 opinions
- Robbins v. Bangor Railway & Electric Co.Supreme Judicial Court of Maine · 1905
- Snyder v. PeopleMichigan Supreme Court · 1872
- Davis v. StateSupreme Court of Alabama · 1875
- Hannigan v. StateSupreme Court of Alabama · 1901
- State v. TooleSupreme Court of Connecticut · 1860
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