State v. . Hall
Supreme Court of North Carolina
Indictme n t — A rson — Indictment. Appeal from the Inferior Court-, heard by Chaves, Judge, at Spring Term, 1885, of Edgecombe Superior Court.
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Indictme n t — A rson — Indictment. Appeal from the Inferior Court-, heard by Chaves, Judge, at Spring Term, 1885, of Edgecombe Superior Court. The act of 1875, under which the indictment is framed, declares that any person who shall wilfully burn or destroy any other person’s corn, wheat, barley, rve, oats, buckwheat, rice, tobacco, buy, straw, fodder, shucks or other produce, in a stack, hill, rack or pen, or secured in any other way out of doors, shall be guilty of a misdemeanor. The Code, §985, sub div. 5. The indictment charged that the defendants “did unlawfully and wilfully set. fire…
1Opinion of the Court
Smith, C. J.,
(after stating the facts). The only question presented in the record, and which we are required to dispose of, is whether the words “ set fire to,” contained in the indictment, are of equivalent legal import with the word “ burn ” used to designate the offence made such in the act.
In examining the seven sub-divisions of the section relating to arson, the first of which only prescribes the punishment of the crime as defined by the common law, it will be observed that “burn” and “burning” are the terms employed in three of them, Nos. 2, 3 and 5; “set fire to and burn,” in that…
2Cases cited1 opinion
- Cochrane v. StateCourt of Appeals of Maryland · 1854
3Cited by15 opinions
- In re J.L.B.M.Court of Appeals of North Carolina · 2006
- State v. . CarpenterSupreme Court of North Carolina · 1917
- State v. ShawSupreme Court of North Carolina · 1982
- State v. . EdwardsSupreme Court of North Carolina · 1925
- State v. OxendineSupreme Court of North Carolina · 1982
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