State v. Gove
Supreme Court of New Hampshire
State v. Gove and Wife. Indictment, containing two counts. Tbe first count alleged that the defendants, on the 7th of May, 1856, at Somersworth, in this county, “ with force and arms feloniously and unlawfully did set fire to, burn and consume a certain building of Stephen S. Chick and George W. Wendell, called a store,” not being a dwelling-house, &c. The second count was like the first, except that the building was described as a warehouse.
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State v. Gove and Wife. Indictment, containing two counts. Tbe first count alleged that the defendants, on the 7th of May, 1856, at Somersworth, in this county, “ with force and arms feloniously and unlawfully did set fire to, burn and consume a certain building of Stephen S. Chick and George W. Wendell, called a store,” not being a dwelling-house, &c. The second count was like the first, except that the building was described as a warehouse. It was not alleged in either ‘count that the act was done by the defendants “ willfully” or “ maliciously.” The defendants were tried on the plea of not…
1Opinion of the CourtFowler, J.
These indictments were both intended to be founded on the second section of the 215th chapter of the Revised Statutes, which enacts, that if any person shall willfully *515and maliciously bum any vessel lying within the body of any county, or any bridge, or any building, other than a dwelling-house or out-building adjoining thereto, or a building whereby a dwelling-house shall be burned, he shall be punished by solitary imprisonment not exceeding six months, and by confinement to hard labor not less than two nor more than twenty years.
The indictment against Gove and wife avers that the…
2Cases cited7 opinions
- Root v. StuyvesantNew York Supreme Court · 1837
- Brown v. CommonwealthMassachusetts Supreme Judicial Court · 1811
- People v. AllenNew York Supreme Court · 1847
- Commonwealth v. NewellMassachusetts Supreme Judicial Court · 1810
- State v. StedmanSupreme Court of Alabama · 1838
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- State v. LongSupreme Court of North Carolina · 1956
- State v. BrewerSupreme Court of New Hampshire · 1986