State v. Harvey
Supreme Court of Missouri
Appeal from Crawford Circuit Court. — Hon. L. B. Woodside, Judge. (1) Burning haystacks or ricks is not an offense under section 3518, Revised Statutes 1889, defining arson in the fourth degree. A stack of hay situate on a farm, as described in this indictment, is neither “goods, wares, nor merchandise” in the legal .or common acceptation of those terms.
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Appeal from Crawford Circuit Court. — Hon. L. B. Woodside, Judge. (1) Burning haystacks or ricks is not an offense under section 3518, Revised Statutes 1889, defining arson in the fourth degree. A stack of hay situate on a farm, as described in this indictment, is neither “goods, wares, nor merchandise” in the legal .or common acceptation of those terms. State v. Bryant, 90 Mo. 534; State ex rel. v. Seibert, 123 Mo. 424; State v. Schuchmann, 133 Mo. 116. (2) “Grain, grass or herbage, growing or standing in the field” refers to its state prior to its severance from the soil. R. S. 1889, sec.…
1Opinion of the CourtSherwood, J.
— The defendant was prosecuted for arson in the fourth degree, the indictment being as follows:
“State op Missouri,! “County of Dent. / ss.
“The grand jurors for the State of Missouri, summoned from the body of Dent county, and duly impan*345eled, sworn and charged, upon their oaths present that John Harvey, at and in said county of Dent, on the 1st day of February, 1894, did then and there unlawfully, willfully, maliciously and feloniously set fire to and burn certain chattels and personal property belonging to one John W. Robnett, a citizen of Dent county, which said property was then and there…
2Cases cited1 opinion
- State v. HarveySupreme Court of Missouri · 1895
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