Legal Opinion

McDonald v. People

Illinois Supreme Court

Decided September 15, 1868PublishedCited by 12 opinions

Writ op Error to the Recorder’s Oonrt of Chicago; the Hon. E. Van Burén, Judge, presiding. McDonald was arraigned and tried upon the charge of arson. The indictment charged him with setting fire to his own dwelling-house, which was insured in the “ Western Insurance Company of Buffalo.” The jury returned a verdict of guilty.

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Writ op Error to the Recorder’s Oonrt of Chicago; the Hon. E. Van Burén, Judge, presiding. McDonald was arraigned and tried upon the charge of arson. The indictment charged him with setting fire to his own dwelling-house, which was insured in the “ Western Insurance Company of Buffalo.” The jury returned a verdict of guilty. A motion for a new trial was overruled, and the court sentenced the prisoner to the penitentiary for the term of five years. , The overruling of the motion for a new trial is, among others, assigned for error, for which this court is asked to reverse the judgment.

1Opinion of the CourtJustice Walker

This was an- indictment, presented at the October term, 1867, of the Beeorder’s Gourt of Chicago, against plaintiff in error. He was tried at the March term, 1868, convicted, and sentenced to the penitentiary for the term of five years. The indictment contains hut one count, and that charges him with setting fire to his own house, with intent of defrauding the Western Insurance Company of Buffalo. On beingarraigned, the prisoner pleaded not guilty, and it is contended that this plea put in issue every material fact averred in the indictment, and under it the prosecution was bound to show that…

2Cited by12 opinions

  1. Macomber v. KinneySupreme Court of Minnesota · 1910
  2. Pye v. StateCourt of Criminal Appeals of Texas · 1912
  3. People v. MorleyCalifornia Court of Appeal · 1908
  4. Mai v. PeopleIllinois Supreme Court · 1906
  5. Arnold v. StateCourt of Criminal Appeals of Texas · 1914

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