McGary v. . the People
New York Court of Appeals
Error to the Supreme Court, at G-eneral Term, in the Fourth department, to reverse their affirmance of the conviction of the plaintiff in error, by the Court of Sessions of Seneca county, of the crime of arson in the third degree.
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Error to the Supreme Court, at G-eneral Term, in the Fourth department, to reverse their affirmance of the conviction of the plaintiff in error, by the Court of Sessions of Seneca county, of the crime of arson in the third degree. The accused was charged, in the first count of the indictment, with setting fire to and burning, at the town of Seneca Falls, “a certain building erected for the manufacturing of woolen goods, there situate, and belonging to the Phoenix Mills Company, a corporation duly organized under the statute of the State of Hew York as a manufacturing company.” In the second…
1Opinion of the CourtAllen, J.
The misnomer of the corporation owning the property which was the subject of the arson, was not the result of ignorance of, or inability to learn its true name. It had become incorporated, only about eighteen months before the indictment was found, and the certificate of incorporation was of record in the clerk’s office of the county, and accessible to the grand jury and prosecuting officer.
The record evidence of the existence of the corporation, given upon the trial, and then supposed to be * necessary in support of the indictment, would, had it been produced before the grand jury, have…
2Cases cited1 opinion
- State v. McGowanSupreme Court of Connecticut · 1850
3Cited by25 opinions
- Putnam v. United StatesSupreme Court of the United States · 1896
- People v. KingNew York Court of Appeals · 1984
- State v. SavageOregon Supreme Court · 1900
- Mail & Express Co. v. Parker Axles, Inc.Appellate Division of the Supreme Court of the State of New York · 1923
- Davis v. StateSupreme Court of Georgia · 1898
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