Legal Opinion

State v. Lyon

Supreme Court of Connecticut

Decided June 15, 1838PublishedCited by 9 opinions

This was an information for the burning of a shop, in two counts. In the first count, the shop was described as “ a certain carriage shop of Nathan Beers, of Norwalk, and Ward Nichols, of Weston, trustees of William C. Sammis and Am-brose Collins, insolvent debtors.” In the second count, it was described as “ a certain carriage shop of the said Nathan Beers and Ward Nichols.”

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This was an information for the burning of a shop, in two counts. In the first count, the shop was described as “ a certain carriage shop of Nathan Beers, of Norwalk, and Ward Nichols, of Weston, trustees of William C. Sammis and Am-brose Collins, insolvent debtors.” In the second count, it was described as “ a certain carriage shop of the said Nathan Beers and Ward Nichols.” On this information the prisoner was tried at Fairfield April term, 1838, before Bissell, J. On the trial no evidence whatever was given to prove the allegation in the first count, that the building burned was “ the shop…

1Opinion of the CourtHuntington, J.

This is a motion for a new trial, on the part of the prisoner, on the ground that the verdict is without, *489and contrary to evidence. The information on which he was convicted, is brought on the 3'2d section of the Crimes act, tit. 21 .p. 125., (ed. 1835.) which enacts, that “every person who shall wilfully burn, being the property of another, any ship or other vessel, any office, store, shop, &c., on conviction thereof, shall suffer imprisonment in the Connecticut state prison, for a term not less than two, nor more than five years.’’

To constitute an offence under this statute, the building…

2Cases cited2 opinions

  1. Bacon v. ParkerSupreme Court of Connecticut · 1837
  2. Laflin v. PomeroySupreme Court of Connecticut · 1836

3Cited by9 opinions

  1. Snyder v. PeopleMichigan Supreme Court · 1872
  2. State v. LeeSupreme Court of Connecticut · 1897
  3. States v. KeenaSupreme Court of Connecticut · 1893
  4. People v. MorrisonCourt Of Oyer And Terminer New York · 1854
  5. State v. BlumenthalSupreme Court of Arkansas · 1918

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