State v. Dennin
Supreme Court of Vermont
Indictment under the fourth section of chapter 104, Comp. Stat., for setting fire to a barn with intent to burn the same. Plea, not guilty, and trial by jury, at the March Term, 1858, in Rutland county, — Aldis, J., presiding.
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Indictment under the fourth section of chapter 104, Comp. Stat., for setting fire to a barn with intent to burn the same. Plea, not guilty, and trial by jury, at the March Term, 1858, in Rutland county, — Aldis, J., presiding. To sustain the indictment the State produced one Campbell as a witness, who testified that he had charge of the barn in ques-, tion; that in the evening of the 8th of May, 1857, he saw the respondent pass through the driveway to the barn, and go behind a large wagon under the shed, come out from behind the wagon and pass into the barn; that he then thought it was the…
1Opinion of the CourtPoland, J.
The main question in this case is, whether there can be a legal conviction undpr the 4th section of chapter 104 of the Compiled Statutes for an attempt to commit the crime of arson, without an actual burning of some portion of the building.
The words of the section are, “If any person shall willfully and maliciously set fire, with intent to burn, to the dwelling house of another, or any outbuildings adjoining thereto, or to any other building, etc.”
The defendant’s counsel insist that under this statute no attempt to burn a house or other building, however deliberate or formidable, constitutes…
2Cases cited1 opinion
- Commonwealth v. Van SchaackMassachusetts Supreme Judicial Court · 1819
3Cited by7 opinions
- Barkly v. CopelandCalifornia Supreme Court · 1887
- State v. HendricksSupreme Court of Kansas · 1884
- Board of County Commissioners v. VickersSupreme Court of Kansas · 1900
- State v. Wilkins & BlowSupreme Court of Vermont · 1892
- Lynch v. StateIndiana Court of Appeals · 1977
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