People v. De Winton
California Supreme Court
Appeal from an order of the Superior Court of the City and County of San Francisco arresting judgment. William T. Wallace, Judge. Appellant was indicted by the grand jury of the city and county of San Francisco for the commission of the crime of arson. He was tried and convicted. A motion for new trial was made and denied.
Read the full summary
Appeal from an order of the Superior Court of the City and County of San Francisco arresting judgment. William T. Wallace, Judge. Appellant was indicted by the grand jury of the city and county of San Francisco for the commission of the crime of arson. He was tried and convicted. A motion for new trial was made and denied. A motion in arrest of judgment was then interposed, and granted by the court, on the ground that the evidence adduced upon the trial showed the defendant guilty of another offense, to wit, willfully burning property which was at the time insured against loss or damage by…
1Opinion of the CourtVan Fleet, J.
This is an appeal by the people from an order arresting the judgment upon a conviction of arson, the question being whether the'indictment sufficiently charges the offense.
The material part of the indictment' is that: “The said William W. de Winton on,” etc., at, etc., “ did willfully, maliciously, and feloniously, in the night-time, set fire to and burn a building, namely, a house then situate,” etc., “the property of William W. De Winton, with *405the malicious, willful, and felonious intent then and there to destroy said building.” Then follows an averment that said house was situated in such…
2Cases cited3 opinions
- People v. GatesNew York Supreme Court · 1836
- People v. FisherCalifornia Supreme Court · 1876
- People v. MyersCalifornia Supreme Court · 1862
3Cited by12 opinions
- British America Assur. Co. v. BowenCourt of Appeals for the Tenth Circuit · 1943
- Sussman v. District Court of Oklahoma CountyCourt of Criminal Appeals of Oklahoma · 1969
- State v. ShawSupreme Court of North Carolina · 1982
- Lipschitz v. PeopleSupreme Court of Colorado · 1898
- People v. GloverCalifornia Court of Appeal · 1991
7 more not listed; retrieve them via the Exa API.