State v. Taylor
Supreme Judicial Court of Maine
This was an indictment against the defendant for maliciously, &c., setting fire to “ a certain barn of one William D. Cook and one Sylvester Cook.”
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This was an indictment against the defendant for maliciously, &c., setting fire to “ a certain barn of one William D. Cook and one Sylvester Cook.” The case was tried before Goodenow, J., at April term, 1858. To prove the allegation of ownership, the county attorney offered a copy of the record of a will, in the office of the Probate Court, by which the premises were devised to William D. Cook by one John Cook; and also an office copy of a deed of one undivided half of the premises from William to Sylvester Cook. These records were seasonably objected to by the counsel for the defendant, but…
1Opinion of the Court
The opinion of the Court was drawn up by
Davis, J.
The indictment in this case charges that the defendant, “ in the day time, maliciously, &c., set fire to a certain barn,” &c., and that, “ by the kindling of such fire, said barn was then and there burnt and consumed.”
*329It is argued that the indictment is founded upon the R. S., c. 119, § 4; “whoever willfully and maliciously burns any building,” &c. And, it is said, that “ setting fire” to a building is not the same as “ burning” it.
The indictment was evidently drawn from a form based on the Massachusetts statute of 1804, c. 131, which was…
2Cited by11 opinions
- State v. HamiltonSupreme Court of Florida · 1995
- State v. RoyerSupreme Court of Iowa · 1989
- State v. PisanoSupreme Court of Connecticut · 1928
- Phillips v. StateDistrict Court of Appeal of Florida · 1965
- State v. LevesqueSupreme Judicial Court of Maine · 1951
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