Mackesey v. People
New York Supreme Court
The prisoner was tried in the Court of Sessions of Chemung county, in December, 1866, and found guilty of an attempt to commit the crime of arson in the third degree, and was sentenced by that court to be imprisoned in the State prison, at hard labor, for the term of one year and four months. . The indictment, on which the prisoner was tried, contained three counts; but he was convicted under the first count; which charged, ‘ ‘ That Patrick Mackesey and Patrick Dempsey, late…
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The prisoner was tried in the Court of Sessions of Chemung county, in December, 1866, and found guilty of an attempt to commit the crime of arson in the third degree, and was sentenced by that court to be imprisoned in the State prison, at hard labor, for the term of one year and four months. . The indictment, on which the prisoner was tried, contained three counts; but he was convicted under the first count; which charged, ‘ ‘ That Patrick Mackesey and Patrick Dempsey, late of the city of Elmira, in the county of Che-mung aforesaid, on the 25th day of April, 1866, at the city and county…
1Opinion of the Court
By the Court, Balcom, J.
It is provided by statute, that “ every person who shall willfully burn any building, ship or vessel, or any goods, wares, merchandise or other chattel, which shall be at the time insured against loss or damage by fire, with intent to prejudice such insurer, whether the same be the property of such person or of any other, shall upon conviction be adjudged guilty of arson in the third degree.” (3 R. S., 5 Ed., p. 946, § 5.) It is further provided by statute, that “ every person who shall attempt to commit an offense prohibited by law, and in such attempt shall do any…
2Cited by3 opinions
- Commonwealth v. PeasleeMassachusetts Supreme Judicial Court · 1901
- State v. EvansUtah Supreme Court · 1903
- People v. . SullivanNew York Court of Appeals · 1903