Legal Opinion
State v. Temple
Supreme Judicial Court of Maine
Decided May 15, 1835PublishedCited by 3 opinions
The defendant was indicted on the statute of 1821, ch. 4, § 2, for wilfully and maliciously burning a meeting-house, in the night time, and after conviction, a motion in arrest of judgment was made by his counsel, for causes particularly set forth in the opinion of the Court. and cited the following authorities: Russ, on Crimes, 1677 ; 2 East’s P. C. 621 ; Chitt, Crim. Law, 1104; 3 Inst. 96; 1 Leach, 245; 2 East’s P. C., 1034.
1Opinion of the Court
Emery J.,
delivered the opinion of the Court.
The defendant, after verdict against him on indictment, moves' that judgment thereon may be arrested for five causes, which he has assigned.
“ 1st. Because it is not alleged in the said indictment whose “ property the said meeting-house was, or that it was the pro- “ perty of any person ; nor that the owner of said meeting-house “ was complainer.
“ 2d. Because it does not appear by said indictment but that “ the property of the house was in the said Temple himself.
“ 3d. Because it is not alleged in said indictment what the “ value of said…
2Cited by3 opinions
- Davis v. ScavoneSupreme Judicial Court of Maine · 1953
- State v. HensonSupreme Court of Missouri · 1921
- United States v. HughittDistrict Court, N.D. New York · 1891