State v. Dinagan
Supreme Court of New Hampshire
Indictment for arson. Trial by jury and verdict of guilty. The indictment alleged that “John W. Dinagan, ... with force and arms, a certain dwelling-house, otherwise called a hotel situated in Chesterfield in said county of Cheshire, of. the property of one Mary J. Dinagan, wilfully, feloniously, arid maliciously, did set fire to, burn and consume. ” At the conclusion of the state’s evidence the respondent moved to dismiss the indictment on the ground of variance between the…
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Indictment for arson. Trial by jury and verdict of guilty. The indictment alleged that “John W. Dinagan, ... with force and arms, a certain dwelling-house, otherwise called a hotel situated in Chesterfield in said county of Cheshire, of. the property of one Mary J. Dinagan, wilfully, feloniously, arid maliciously, did set fire to, burn and consume. ” At the conclusion of the state’s evidence the respondent moved to dismiss the indictment on the ground of variance between the allegations in the indictment and the evidence' as offered by the state. This motion was denied and the Respondent…
1Opinion of the CourtPlummer, J.
Arson at common law “is the malicious and wilful burning the house or out-house of another man.” 4 Blackstone Comm. *219. Hence at common law the respondent could not have been convicted of arson in this case, because the evidence disclosed that he was the habitant of the house burned, and not Mary J. Dinagan. In other words,it would not have been the burning of a ' dwelling-house of another. But the common law relative to arson is not in force in this state. In 1791, acts were passed making the burning of a dwelling-house of another in the night time a more serious offense, than the burning of…
2Cases cited1 opinion
- State v. SmallSupreme Court of New Hampshire · 1917
3Cited by4 opinions
- State v. FennellySupreme Court of New Hampshire · 1983
- Norton v. Atlantic Gypsum Products Co.Supreme Court of New Hampshire · 1928
- State v. FennellySupreme Court of New Hampshire · 1983
- State v. JohnsonSupreme Court of New Hampshire · 1936