Legal Opinion

People v. Burton

New York Supreme Court

Decided April 15, 1894Published

Appeal by tbe defendants, Harry Burton and another, from a judgment of the Court of Sessions held in and for the county of Otsego on the 8th day of December, 1892, convicting the defendants of the crime of arson.

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Appeal by tbe defendants, Harry Burton and another, from a judgment of the Court of Sessions held in and for the county of Otsego on the 8th day of December, 1892, convicting the defendants of the crime of arson. In the Otsego Oyer and Terminer of October, 1892, the defendants were indicted, charged with having, on the 14th day of June, 1892, at the town of Oneonta, committed the crime of arson in the second degree, by having in the night-time “ willfully, maliciously and feloniously set on fire, with intent to burn the same, a building not inhabited, to wit, a blacksmith shop, there situate…

1Opinion of the Court

Hardin, P. J.:

Prom the evidence it appears that the blacksmith shop mentioned in the indictment is a wooden building, which was discovered to be on fire at the rear end thereof, and was situated within about three feet of the Lacey Block, which is also a wooden building, and the roof of the blacksmith shop is built into or against the Lacey Block, The. description of the location of the buildings, and their situation with respect to each other, sufficiently indicates that the fire in the blacksmith shop endangered the Lacey Block. The fire was discovered about four o’clock in the morning of…

2Cases cited7 opinions

  1. Law v. MerrillsCourt for the Trial of Impeachments and Correction of Errors · 1830
  2. People v. . TaylorNew York Court of Appeals · 1893
  3. O'Connell v. . People of State of New YorkNew York Court of Appeals · 1882
  4. People v. TrezzaNew York Court of Appeals · 1891
  5. Garrison v. AkinNew York Supreme Court · 1847

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