Commonwealth v. Macomber
Massachusetts Supreme Judicial Court
The defendant was indicted at the last October term, for that he “at Berkley, aforesaid, with force and arms, on the 15th day of December, Anno Domini 1805, wilfully and maliciously, in the night time of the same day, did set fire to, consume, burn and destroy two stacks of hay, and one stack of straw, the property of William Harvey, and then and there in his possession, and of the value of fifty dollars, against the peace of the commonwealth, and the law in such case made…
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The defendant was indicted at the last October term, for that he “at Berkley, aforesaid, with force and arms, on the 15th day of December, Anno Domini 1805, wilfully and maliciously, in the night time of the same day, did set fire to, consume, burn and destroy two stacks of hay, and one stack of straw, the property of William Harvey, and then and there in his possession, and of the value of fifty dollars, against the peace of the commonwealth, and the law in such case made and provided.” Upon trial before the chief justice, at the sittings after the last October term, the jury found the…
1Opinion of the CourtParsons, C. J.
Upon this indictment, which was for maliciously and wilfully burning two stacks of hay, and one stack of straw, the property of William Harvey, the defendant has been tried and found guilty; and he moves in arrest of judgment, because the burning is not alleged to have been done feloniously, when the of-fence is made felony by statute.
The first question is whether the offence is felony by statute The statute for the punishment of incendiaries passed March 16, 1805, and upon the construction of this statute must depend the determination of this question.
The first section, which prohibits the…
2Cited by6 opinions
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- Whitney v. CommonwealthMassachusetts Supreme Judicial Court · 1958
- Wilson v. StateWisconsin Supreme Court · 1853
- State v. WilsonSupreme Court of New Hampshire · 1866
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