Legal Opinion

State v. Jessup

Supreme Court of Kansas

Decided July 15, 1889PublishedCited by 12 opinions

Appeal from Edwards District Court. On January 12, 1889, there was filed in the district court of Edwards county the following information, omitting caption, signature, and verification: “I, W. H. Kobb, the undersigned, county attorney of said county, in the name, by the authority and on behalf of the state of Kansas, come now here and give the court to understand and be informed, that on the 11th day of April, 1888, in said county of Edwards and state of Kansas, one D. M.…

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Appeal from Edwards District Court. On January 12, 1889, there was filed in the district court of Edwards county the following information, omitting caption, signature, and verification: “I, W. H. Kobb, the undersigned, county attorney of said county, in the name, by the authority and on behalf of the state of Kansas, come now here and give the court to understand and be informed, that on the 11th day of April, 1888, in said county of Edwards and state of Kansas, one D. M. Jessup did then and there unlawfully, feloniously burn a barn, the property of Geo. L. Painter, then and there situate,…

1Opinion of the Court

The opinion of the court was delivered by

Horton, C. J.:

The information upon which the defendant was convicted was based upon § 57 of the crimes act:

“Every person who shall burn any building, boat or vessel, or any goods, wares or merchandise, or other chattels, which shall at the time be insured against loss or damage by fire, with intent to defraud or prejudice the insurer, whether the same be the property of such person or any other, shall be, upon conviction, adjudged guilty of arson in the third degree.”

No motion to quash was filed or presented, and the defendant pleaded not guilty, and…

2Cases cited3 opinions

  1. Rice v. StateSupreme Court of Kansas · 1865
  2. City of Kingman v. BerrySupreme Court of Kansas · 1889
  3. Baysinger v. PeopleIllinois Supreme Court · 1886

3Cited by12 opinions

  1. State v. DunnSupreme Court of Kansas · 2016
  2. Mills v. StateSupreme Court of Florida · 1909
  3. State v. RossSupreme Court of Kansas · 1908
  4. Hart v. StateIndiana Supreme Court · 1914
  5. State v. LytleSupreme Court of Kansas · 1955

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