People v. Haynes
New York Supreme Court
The defendant was convicted at the Schenectady Oyer, 1868, of the crime of arson, in the third degree. The specific oflense charged in the indictment, was that on the 4th of April, 1867, he feloniously, in the night time, set fire to a certain grist mill, the property of one Frederick Whittlesey.
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The defendant was convicted at the Schenectady Oyer, 1868, of the crime of arson, in the third degree. The specific oflense charged in the indictment, was that on the 4th of April, 1867, he feloniously, in the night time, set fire to a certain grist mill, the property of one Frederick Whittlesey. On the trial, evidence was given by one Margaret A. Bronk, that she set the fire at the request and on the instigation of the defendant; who as she testified, prepared the materials to be ignited, and was at the time in the immediate vicinity of the mill, with the purpose of rendering aid in…
1Opinion of the Court
By the Court,
Boches, J.
The refusal of the court to direct an acquittal of the defendant was manifestly right. It was unnecessary to state in the indictment the names of the jurors by whom it was found. This was expresly decided in the case of The People agt. Bennett, (37 N. Y., 117). The second objection urged, that the indictment omits to charge that the setting fire to the building was wilfully done, was not well founded in fact. It was charged that Haynes “ unlawfully, maliciously, and feloniously in the night time, did set fire to a certain gristmill.” This language is equivalent to a…
2Cases cited9 opinions
- People v. CostelloCourt for the Trial of Impeachments and Correction of Errors · 1845
- The People v. . DyleNew York Court of Appeals · 1860
- Haskins v. . the PeopleNew York Court of Appeals · 1857
- Sleeper v. Van MiddlesworthNew York Supreme Court · 1847
- The People v. . BennettNew York Court of Appeals · 1867
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