Ogden v. State

By the Court,

Dixon, C. J.

Tbe only point raised by tbe exceptions appears to tbe court clearly in favor of tbe prisoner. He was indicted under tbe provisions of sec. 2 of cbap. 172 of tbe Eevised Statutes, as for a substantive felony, being charged as an accessary before tbe fact to tbe crime . of arson, said to bave been committed by burning tbe barn of one John Bourcies in tbe county of Portage. This and tbe succeeding section are borrowed from section 9, cbap. 64, of tbe English Statutes, 7 Geo. IY. It enacts that every person who shall counsel, hire, or otherwise procure, any offense to be…