Legal Opinion

Territory v. Scott

Supreme Court Of The Territory Of Dakota

Decided May 15, 1880PublishedCited by 15 opinions

Writ of Error to the District Court of Minnehaha County. The facts are fully stated in the opinion of the Court. cited: (Potter’s Dwarris on Statutes, 119; 1 Wharton Crim. Law, § 379; State v. Loftin, 2 Dev. & Bat., 31; Neales v. State, 10 Mo., 498; Com. v. Thwrlow, 24 Pick., 374; State v. Webster, 5 Hal., 293; Bishop on Stat. Crimes, § 605; Bishop Crim. Proc., (2d Ed.,) §§ 636-7-9, and note 3; Sedgwick Stat. and Cons.

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Writ of Error to the District Court of Minnehaha County. The facts are fully stated in the opinion of the Court. cited: (Potter’s Dwarris on Statutes, 119; 1 Wharton Crim. Law, § 379; State v. Loftin, 2 Dev. & Bat., 31; Neales v. State, 10 Mo., 498; Com. v. Thwrlow, 24 Pick., 374; State v. Webster, 5 Hal., 293; Bishop on Stat. Crimes, § 605; Bishop Crim. Proc., (2d Ed.,) §§ 636-7-9, and note 3; Sedgwick Stat. and Cons. Law, p. 50-51; Com. v. Hart, 11 Cush., 130-7 ; State v. Abbey, 29 Vt., 60; State v. Miller, 24 Conn., 522; People v. Toynbee, 11 How. Pr., 333.) cited: (Chitty Crim. Law, 283,…

1Opinion of the CourtKidder, J.

The defendant below and plaintiff in error here, John Scott, was indicted under chapter 60 of the Penal Code, for setting a prairie fire. (Revised Codes, 1877, p. 842.)

*213SectioN 1, is as follows: “ That if any person or persons shall set or cause to be set on fire any woods, marsh, or prairie, or any grass or stubble lands in the months of September, October, November, December, January, February, March, April, May or June, except as hereinafter provided, such person or persons shall be deemed guilty of a misdemeanor, * * * * and shall also be liable in a civil action to any person or persons…

2Cases cited6 opinions

  1. United States v. CookSupreme Court of the United States · 1872
  2. Minis v. United StatesSupreme Court of the United States · 1841
  3. State v. AbbeySupreme Court of Vermont · 1856
  4. People v. NugentCalifornia Supreme Court · 1854
  5. State v. PowersSupreme Court of Connecticut · 1856

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3Cited by15 opinions

  1. People v. PhippinMichigan Supreme Court · 1888
  2. Ex Parte HornefCalifornia Supreme Court · 1908
  3. Johnson v. PeopleSupreme Court of Colorado · 1905
  4. State v. RosascoOregon Supreme Court · 1922
  5. Smythe v. StateCourt of Criminal Appeals of Oklahoma · 1909

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