Lipschitz v. People
Supreme Court of Colorado
Error to the District Court of Arapahoe County. The first count of the indictment, which is the only one material on this review, charges that the defendant and six other persons, naming them, “feloniously, wilfully and maliciously did conspire, co-operate and-agree together to burn and cause to be burned a certain residence building of the property of Peter Winne, trustee, situate * * * in the town of Colfax, in said Arapahoe county, in the state of Colorado.”
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Error to the District Court of Arapahoe County. The first count of the indictment, which is the only one material on this review, charges that the defendant and six other persons, naming them, “feloniously, wilfully and maliciously did conspire, co-operate and-agree together to burn and cause to be burned a certain residence building of the property of Peter Winne, trustee, situate * * * in the town of Colfax, in said Arapahoe county, in the state of Colorado.” The defendant Marks Lipschitz demanded a separate trial; was convicted under the first count, and sentenced to the penitentiary for…
1Opinion of the CourtChief Justice Campbell
The errors assigned and the material facts may be grouped under the following heads:
1. The indictment is insufficient to sustain the verdict and sentence, or to permit the introduction of evidence thereunder.
2. The offense of arson, which was the object of the conspiracy, is one against occupancy and habitation, and not against ownership and title; and inasmuch as the defendant owned the premises subject to the lien of a trust deed, and was in possession and occupying the dwelling house thereon, when burned, he cannot be guilty of arson in burning it, or of a conspiracy to commit that crime.
8.…
2Cases cited20 opinions
- Trustees of Brimfield v. Commissioners of PortageOhio Supreme Court · 1840
- Connor v. PeopleSupreme Court of Colorado · 1893
- Stephens v. ClaySupreme Court of Colorado · 1892
- Woodford v. . People of the State of N.Y.New York Court of Appeals · 1875
- West v. PeopleIllinois Supreme Court · 1891
15 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Imboden v. PeopleSupreme Court of Colorado · 1907
- County Commissioners v. City of Colorado SpringsSupreme Court of Colorado · 1919
- Helser v. PeopleSupreme Court of Colorado · 1937
- Short v. PeopleSupreme Court of Colorado · 1900
- Olde v. PeopleSupreme Court of Colorado · 1944
11 more not listed; retrieve them via the Exa API.