People v. Milks
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Gilbert Milks, from a judgment of the Oounty Court of Cattaraugus county in favor of the plaintiff, entered in the office of the clerk of the county of Cattaraugus on the 14th day of June, 1901, upon the verdict of a jury convicting him of the crime of arson in the third degree, and also from an order entered in said clerk’s office on the 14th day of June, 1901, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Hiscock, J.:
The defendant was jointly indicted with one Mitchell Smith for having upon June 4, 1898, set fire to a certain barn which was the property of said Milks. He was tried separately and apart from Smith. He was convicted upon a previous trial, but such conviction was reversed by this court.
Milks was .several miles away from the place of the fire at the time it occurred, and the theory of the prosecution is that he procured Smith to set fire to the barn and other buildings which were burned with it.
Although it does not appear in the record, it did appear without contradiction upon the…
2Cited by4 opinions
- People v. GarciaAppellate Division of the Supreme Court of the State of New York · 1972
- Bristol v. KittingerAppellate Division of the Supreme Court of the State of New York · 1942
- People v. ChampenNew York Supreme Court · 1978
- Salzman v. MandelAppellate Terms of the Supreme Court of New York · 1906