Commonwealth v. Smith
Massachusetts Supreme Judicial Court
Indictment, in five counts, against George T. Smith, Samuel P. Smith, and Arthur B. Kendall. The first count alleged that the defendants, on November 9, 1888, at Woburn, with force and arms, “ a certain building, to wit, a house of one John R. Carter, there situate, feloniously, wilfully, and maliciously did set fire to and burn, against the peace of said Commonwealth, and contrary to the form of the statute in such case made and provided.”
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Indictment, in five counts, against George T. Smith, Samuel P. Smith, and Arthur B. Kendall. The first count alleged that the defendants, on November 9, 1888, at Woburn, with force and arms, “ a certain building, to wit, a house of one John R. Carter, there situate, feloniously, wilfully, and maliciously did set fire to and burn, against the peace of said Commonwealth, and contrary to the form of the statute in such case made and provided.” The fourth count charged Kendall as principal with setting fire to the same house on the same day, and the Smiths with being accessories to the burning.…
1Opinion of the CourtDeyens, J.
The first count of the indictment upon which the defendant George T. Smith was convicted alleged that he with others, on November 9, 1888, with force and arms, at Woburn, in said county of Middlesex, “ a certain building, to wit, a house of one John R. Carter, there situate, feloniously, wilfully, and maliciously did set fire to and burn, against the peace of said Commonwealth,” etc. The defendants requested a ruling that this averment set out, under § 1 of the Pub. Sts. c. 203, the crime of arson. This was refused by the presiding judge, who ruled that said averment charged the offence of…
2Cases cited3 opinions
- Commonwealth v. WalkerMassachusetts Supreme Judicial Court · 1871
- Commonwealth v. WatermanMassachusetts Supreme Judicial Court · 1877
- Commonwealth v. HaydenMassachusetts Supreme Judicial Court · 1889
3Cited by30 opinions
- Krulewitch v. United StatesSupreme Court of the United States · 1949
- Attorney General v. PelletierMassachusetts Supreme Judicial Court · 1922
- Commonwealth v. CooperMassachusetts Supreme Judicial Court · 1928
- Hicks v. StateIndiana Supreme Court · 1937
- Commonwealth v. WhiteMassachusetts Supreme Judicial Court · 1976
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