People v. . Smith
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered February 11, 1899, affirming a judgment of the Monroe County Court convicting 'the defendant of the crime of arson in the first degree, and an order denying a motion for a new trial. The defendant was jointly indicted with his father, James Smith. The indictment contained two counts.
Read the full summary
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered February 11, 1899, affirming a judgment of the Monroe County Court convicting 'the defendant of the crime of arson in the first degree, and an order denying a motion for a new trial. The defendant was jointly indicted with his father, James Smith. The indictment contained two counts. The first count charged arson in the first degree, in that the defendant and James Smith did on the 6th day' of December, 1894, in the town of Greece, Monroe county, unlawfully set on fire and burn in…
1Opinion of the CourtLandon, J.
i. In view of the lack of unanimity in the affirmance by the Appellate Division of the judgment of conviction, we have examined the record to ascertain as a question of law whether there is evidence tending to support the verdict. The single question in this part of our investigation is whether there is evidence tending to support the finding that the fire was of incendiary origin.
The fire broke out about two o’clock in the morning of December 6, 1894, in the Half Way House, a building belonging to Mrs. Frances M. Smith, situate on the Boulevard in the town of Greece, Monroe county. The…
2Cases cited5 opinions
- People v. . FitzgeraldNew York Court of Appeals · 1898
- People v. . DimickNew York Court of Appeals · 1887
- Ruloff v. . the PeopleNew York Court of Appeals · 1858
- People v. . CoreyNew York Court of Appeals · 1898
- People v. JefferyNew York Supreme Court · 1894
3Cited by16 opinions
- Smith v. StateSupreme Court of Arkansas · 1943
- People v. BissertAppellate Division of the Supreme Court of the State of New York · 1902
- People v. . TrimarchiNew York Court of Appeals · 1921
- Girard Et Ux. v. Vt. Mut. Fire Ins. Co.Supreme Court of Vermont · 1931
- State v. GundersonNorth Dakota Supreme Court · 1913
11 more not listed; retrieve them via the Exa API.