Legal Opinion
State v. Schwartz
New York Court of General Session of the Peace
Decided December 12, 1932No. 1PublishedCited by 7 opinions
1Opinion of the Court
Harrington, J.,
delivering the opinion of the Court:
As was pointed out by the Court in State v. Schwaftz and Dumpson, 5 W. W. Harr. (35 Del.) 415, 166 A. 665, the indictment in the crime of arson must allege property in the possessor of the house burned rather than in the owner of the legal title of such house; and that allegation is a material part of the description of the offense and must, therefore, be proved, as alleged. Martha v. State, 26 Ala. 72, citing 2 East Crown Law 1034; Com. v. Wade, 17 Pick. (Mass.) 395.
To sustain a plea of former acquittal the prior proceeding must have been…
2Cases cited6 opinions
- Joy v. StateIndiana Supreme Court · 1860
- Martha v. StateSupreme Court of Alabama · 1855
- Hall v. StateNew York Court of General Session of the Peace · 1926
- State v. KimballNew York Court of General Session of the Peace · 1909
- State v. DoughertyNew York Court of General Session of the Peace · 1906
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- State v. HeitterSupreme Court of Delaware · 1964
- People v. LeFebreSupreme Court of Colorado · 1976
- Lynch v. StateIndiana Court of Appeals · 1977
- State v. SheeranSuperior Court of Delaware · 1981
- State v. MillerSuperior Court of Delaware · 1959
2 more not listed; retrieve them via the Exa API.