Legal Opinion

State v. Hannett

Supreme Court of Vermont

Decided October 15, 1881PublishedCited by 18 opinions

Indictment for burning a dwelling-house, Caledonia County, December Term, 1881. Jury trial, Ross, J., presiding; plea, not guilty; verdict, guilty. The facts are sufficiently stated in the opinion except the following. At the close of the charge to the jury, the respondent’s counsel claimed that the court had not reviewed his evidence and claims as fully as it had those of the State, and requested the court to do so; but the court declined to modify its charge.

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Indictment for burning a dwelling-house, Caledonia County, December Term, 1881. Jury trial, Ross, J., presiding; plea, not guilty; verdict, guilty. The facts are sufficiently stated in the opinion except the following. At the close of the charge to the jury, the respondent’s counsel claimed that the court had not reviewed his evidence and claims as fully as it had those of the State, and requested the court to do so; but the court declined to modify its charge. House — and “ dwelling-house ” — do not mean the same thing. Bish. Stat. Crim. s. 213. The gist of the offence is the injury to the…

1Opinion of the Court

The opinion of the court was delivered by

Powers, J.

The respondent was indicted and tried for the crime of arson in burning a dwelling-house of Joseph M. Stevens, executor of Francis Oliver.

The exceptions state that the fire occurred January 10, 1880, and that the respondent was then living in the house, and had the right to occupy the same until April 1, 1880.

These facts appearing on the trial, the respondent requested the court to rule and hold that the respondent could not be convicted , of the crime of arson; but the court ruled otherwise. At the common law, arson was defined to be the…

2Cited by18 opinions

  1. Commonwealth v. BrunoSupreme Court of Pennsylvania · 1934
  2. Union Pac. R. Co. v. FieldCourt of Appeals for the Eighth Circuit · 1905
  3. State v. RehkopSupreme Court of Vermont · 2006
  4. Magoon v. Boston & Maine Rd.Supreme Court of Vermont · 1894
  5. State v. BeckwithSupreme Judicial Court of Maine · 1938

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