People v. O'Neil
New York Supreme Court
Appeal from court of oyer and terminer, Cortland county. Indictment against Hugh O’Neil for the arson of a wagon factory at Cortland village. The property was managed by defendant at a salary and a third of the profits, the capital being furnished by two others,— Fitzgerald and .Duffy.
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Appeal from court of oyer and terminer, Cortland county. Indictment against Hugh O’Neil for the arson of a wagon factory at Cortland village. The property was managed by defendant at a salary and a third of the profits, the capital being furnished by two others,— Fitzgerald and .Duffy. Being desirous of changing their location, Duffy and Fitzgerald assigned their interest in the business to defendant, who assumed the debts of the firm, and sold the entire stock to the O’Neil Wagon Company, Limited, of Springville. Of the stock of this corporation defendant was to have $20,-000, and the…
1Opinion of the CourtHardin, P. J.
1. 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 reversed merely because the judge submitted to the jury a question which he ought…
2Cases cited9 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 by3 opinions
- Ming v. CorbinNew York Supreme Court · 1893
- Jones v. De CourseyAppellate Division of the Supreme Court of the State of New York · 1896
- Hart v. RyanNew York Supreme Court · 1889