Commonwealth v. Hudson
Massachusetts Supreme Judicial Court
Indictment for burning on January 25, 1867, in the nighttime, a dwelling-house, alleged to be the property of one Aaron H. Allen, but occupied by the defendant himself. Trial, in the superior court, before Russell, J., who signed the following bill of exceptions: “ The defendant kept a provision store in a room in same building, adjoining the tenement occupied by him and his family as a tenant at will of said Allen.
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Indictment for burning on January 25, 1867, in the nighttime, a dwelling-house, alleged to be the property of one Aaron H. Allen, but occupied by the defendant himself. Trial, in the superior court, before Russell, J., who signed the following bill of exceptions: “ The defendant kept a provision store in a room in same building, adjoining the tenement occupied by him and his family as a tenant at will of said Allen. There was insurance by the defendant on his stock of provisions and furniture for three hundred dollars each, which he obtained in December 1866. No part of the property insured…
1Opinion of the CourtHoar, J.
The defendant’s motion in arrest of judgment cannot avail him : 1. Because a variance between the allegations in the indictment and the proof is not the subject of a motion in arrest of judgment; 2. Because a motion in arrest of judgment, for any cause existing before verdict, except for matters affecting the jurisdiction of the court, is prohibited by the St. of 1864, c. '250, § 3; and 3. Because no exception was taken to the order overruling the motion.
The only exception before us is that taken to the admission of evidence. Evidence was admitted to show that the defendant had a strong…
2Cited by9 opinions
- Commonwealth v. BradfordMassachusetts Supreme Judicial Court · 1878
- People v. . CahillNew York Court of Appeals · 1908
- State v. CaliendoSupreme Judicial Court of Maine · 1939
- Stitz v. StateIndiana Supreme Court · 1885
- Commonwealth v. HaddadMassachusetts Supreme Judicial Court · 1924
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