State v. Wacker
Missouri Court of Appeals
Appeal from the St. Louis Criminal Court, Van Wagoner, J. The indictment is insufficient. — Wheat v. The State, 6 Mo. 455; The State v. Hogan, 31 Mo. 340; The State v. Jones, 68 Mo. 197; McGary v. The People, 46 N. Y. 153. The indictment is sufficient. —Rev. Stats., sect. 1283; The Slate v. Hayes? 78 Mo. 307; Regina v. Newhonlt, 12 Cox C. C. 148.
1Opinion of the CourtLewis, P. J.
The indictment charges that the defendant did, on, etc.* “ unlawfully, feloniously, wilfully, and maliciously set fire to and burn a certain dwelling house situated in the city of St. Louis aforesaid, in which dwelling house there were then and there human beings, contrary to the form of the statute,” etc. The defendant was found guilty of an attempt to commit arson in the first degree and sentenced to a five years’ term in the penitentiary. A motion in arrest of judgment for insufficiency of the indictment was overruled.
At common law, the crime of arson was considered chiefly as an offence…
2Cases cited17 opinions
- State v. RoeSupreme Court of Vermont · 1840
- Woodford v. . People of the State of N.Y.New York Court of Appeals · 1875
- McGary v. . the PeopleNew York Court of Appeals · 1871
- Martha v. StateSupreme Court of Alabama · 1855
- State v. MooreSupreme Court of Missouri · 1875
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3Cited by6 opinions
- State v. MyerSupreme Court of Missouri · 1914
- State v. LaceySupreme Court of Missouri · 1892
- State v. KindrickMissouri Court of Appeals · 1886
- State v. RaymondMissouri Court of Appeals · 1893
- Ayres v. StateTennessee Supreme Court · 1905
1 more not listed; retrieve them via the Exa API.