People v. Hood
California Supreme Court
Appeal from the District Court of the Eighth Judicial District, County of Siskiyou. The defendant was indicted for the crime of arson.
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Appeal from the District Court of the Eighth Judicial District, County of Siskiyou. The defendant was indicted for the crime of arson. The body of the indictment is in these words : “ John Hood is accused by the grand jury of the county of Siskiyou by this indictment, of the crime of arson, committed as follows: The said John Hood, on or about the eleventh day of October, in the year one thousand eight hundred and fifty-five, in Scott’s Valley, Siskiyou county, State of California, did willfully and maliciously burn, or cause to be burned, a certain dwelling house situated in said valley, the…
1Opinion of the Court
The opinion of the Court was delivered by Mr. Chief Justice Murray.
Mr. Justice Terry concurred.
The indictment in this case charges the accused of the crime of arson, in this, that on a certain day, etc., “ he did burn or cause to be burned, a certain dwelling house, etc.”
This is not a sufficient description of the offence; first, because the charge is laid in the alternative, whereas it should be special; and second, because the facts and circumstances of the alleged offence are not set forth in such a manner as to apprise the prisoner of the offénce charged against him, so that he may be…
2Cited by6 opinions
- State v. MillainNevada Supreme Court · 1867
- People v. TomlinsonCalifornia Supreme Court · 1868
- State v. RathboneIdaho Supreme Court · 1901
- People v. MyersCalifornia Supreme Court · 1862
- State v. RouillardSupreme Court of Vermont · 1935
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