People v. . O'Neill
New York Court of Appeals
Appeal from the judgment of the Court of Oyer and Terminer of Cortland County, of February 20, 1886, Hon. Frothinhham Fish, presiding; entered upon a conviction of •defendant, Hugh O’Heil, .of arson in the third degree.
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Appeal from the judgment of the Court of Oyer and Terminer of Cortland County, of February 20, 1886, Hon. Frothinhham Fish, presiding; entered upon a conviction of •defendant, Hugh O’Heil, .of arson in the third degree. The judgment of the Court of Oyer and Terminer was affirmed upon appeal, by the General Term of the Supreme Court, in the Fourth Department, July 17,1888. The indictment charged the defendant with setting fire to, and burning a building, structure and erection commonly called a carriage-shop, or manufactory. The facts very fully appear in the opinions of the General Term of…
1Opinion of the Court
The following was the opinion of the General Term of the Supreme Court:
Hardin, P. J.
Upon the evidence given upon the trial,, the trial judge was warranted in holding, as a matter of law, that the building alleged to have been burned by the defendant and described in the indictment as well as in the-evidence, was embraced within the statute against arson.
Although he submitted comments to the jury upon that subject, and allowed them to find that the building was-within the provisions of the statute, no error was committed-which the defendant can successfully complain of.
A judgment will not be…
2Cases cited8 opinions
- Greenfield v. . People of the State of N.Y.New York Court of Appeals · 1881
- Linsday v. . People of the State of N.Y.New York Court of Appeals · 1875
- Cumpston v. McNairNew York Supreme Court · 1828
- Hall v. SuydamNew York Supreme Court · 1849
- Jackson ex dem. Skinner v. PackardNew York Supreme Court · 1831
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3Cited by13 opinions
- People v. . WillettNew York Court of Appeals · 1915
- People v. . PlaceNew York Court of Appeals · 1899
- Leonard v. StateArizona Supreme Court · 1915
- Commonwealth v. NorrisSuperior Court of Pennsylvania · 1925
- Whitney v. McLeanAppellate Division of the Supreme Court of the State of New York · 1896
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