State v. Young
Supreme Court of Missouri
Appeal from Jackson County Oriminal Court. — Hon. W. L. Jarrott, Special Judge. (1) It clearly appears from the evidence that there was no “human being” in the part of the house occupied by Young and his family at the ¡time of the burning. The rooms occupied by each family were the “dwelling house” of that family only. So in burglary and larceny.
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Appeal from Jackson County Oriminal Court. — Hon. W. L. Jarrott, Special Judge. (1) It clearly appears from the evidence that there was no “human being” in the part of the house occupied by Young and his family at the ¡time of the burning. The rooms occupied by each family were the “dwelling house” of that family only. So in burglary and larceny. State v. Davis, 138 Mo. 107; State v. Dale, 141 Mo. 284; State v. Burdett, 145 Mo. 674. (2) There was but one arson, but if the “Tinman beings” in the other dwelling houses were, for the purposes of arson, in Young’s dwelling house, he could be…
1Opinion of the CourtBurgess, J.
The defendant was jointly indicted with John Tobin and Thomas Stamer in the criminal court of Jackson county for arson in the first degree under section 3511, of the Revised Statutes 1889, for having unlawfully set fire torand burned a certain dwelling house of said Young, in which there was a human being.
Tobin and Starner pleaded guilty, and upon a separate trial of defendant he was found guilty and his punishment fixed at ten years’ imprisonment in the penitentiary. Erom the judgment and sentence he appeals.
A brief statement of the facts is that at the time of the fire defendant and his…
2Cases cited6 opinions
- Margrave v. AusmussSupreme Court of Missouri · 1873
- State v. JacksonSupreme Court of Missouri · 1891
- State v. AdamsSupreme Court of Missouri · 1891
- Levy v. . the PeopleNew York Court of Appeals · 1880
- State v. MinorSupreme Court of Missouri · 1893
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Longan v. WeltmerSupreme Court of Missouri · 1904
- State v. ReedSupreme Court of Missouri · 1900
- State v. ShawSupreme Court of North Carolina · 1982
- State v. MyerSupreme Court of Missouri · 1914
- State v. VarsalonaSupreme Court of Missouri · 1958