Legal Opinion

State v. Babcock

Supreme Court of Vermont

Decided February 15, 1879PublishedCited by 5 opinions

This was an indictment charging the respondent with burning his own cider-mill in Pomfret, with intent to defraud the Windsor County Mutual Fire Insurance Company, in which said buildings were insured. Plea, not guilty, and trial by jnry, December Term, 1878, Barrett, J., presiding.

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This was an indictment charging the respondent with burning his own cider-mill in Pomfret, with intent to defraud the Windsor County Mutual Fire Insurance Company, in which said buildings were insured. Plea, not guilty, and trial by jnry, December Term, 1878, Barrett, J., presiding. There was also, besides the exceptions taken and allowed on this trial, a petition on the part of the respondent to compel the judge who presided at that trial to allow and certify certain other exceptions ; and exceptions and petition were had together. It appears that the fire was set on June 18, 1878, on the…

1Opinion of the Court

The opinion of the court was delivered by

Redfield, J.

The respondent is indicted for burning his own building, with intent to defraud the insurance company. Mrs. Mitchell was improved as a witness, to establish the fact that some part of the property was insured for more than its value, and more than it cost the respondent; and she so testified ; but in cross-examination she disclosed that she did not, personally, know the fact; and that she only saw the note which her husband said was given for the cai-riage, at the price of f 80. The court told the jury that her testimony “ was of no account…

2Cases cited2 opinions

  1. Free Press Ass'n v. NicholsSupreme Court of Vermont · 1872
  2. Bailey v. OviattSupreme Court of Vermont · 1874

3Cited by5 opinions

  1. State v. BartlettSupreme Court of Vermont · 1979
  2. Sherwin v. LaddSupreme Court of Vermont · 1921
  3. State v. HeaderSupreme Court of Vermont · 1881
  4. State ex rel. Hawks v. BickhamHancock Circuit Court · 1889
  5. State ex rel. Hawks v. BickhamOhio Circuit Courts · 1889

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