State v. Atkinson
Wisconsin Supreme Court
BEPOBTED from the Circuit Court for Dane County. Arson. Defendant was tried upon an information charging him with feloniously burning “ a certain building, to wit, a hotel there situate,” etc. The undisputed evidence showed that the building named in the information was at the time of the fire used as an hotel, and continuously occupied by the lessee, his wife and family and help, as a dwelling.
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BEPOBTED from the Circuit Court for Dane County. Arson. Defendant was tried upon an information charging him with feloniously burning “ a certain building, to wit, a hotel there situate,” etc. The undisputed evidence showed that the building named in the information was at the time of the fire used as an hotel, and continuously occupied by the lessee, his wife and family and help, as a dwelling. At the close of the testimony the defendant moved that a verdict of acquittal be directed, which was refused. A verdict of guilty being rendered, á motion for a new trial was made, because the “…
1Opinion of the CourtWinslow, J.
The building burned was proven to be a dwelling house, therefore the legal question presented is whether the offense of burning a dwelling house is included within the provisions of sec. 4402, R. S. We are decidedly of the opinion that it is not so included.
Four sections of the Revised Statutes define and prescribe punishment for all'felonious burning of buildings, viz., secs. 4399, 4400, 4401, and 4402. They are manifestly intended to complement each other and form an harmonious and consistent code upon the subject. They must be construed together, and attention must be paid to the whole and…
2Cases cited7 opinions
- Harrington v. SmithWisconsin Supreme Court · 1871
- Palms v. Shawano CountyWisconsin Supreme Court · 1884
- Commonwealth v. SmithMassachusetts Supreme Judicial Court · 1890
- Kilkelly v. StateWisconsin Supreme Court · 1878
- People v. HandleyMichigan Supreme Court · 1892
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- United States v. CardishDistrict Court, E.D. Wisconsin · 1906
- Hicks v. StateSupreme Court of Florida · 1901
- People v. AntonelliMichigan Court of Appeals · 1975
- People v. AntonelliMichigan Court of Appeals · 1975
- State v. YoungNorth Dakota Supreme Court · 1900