The People v. . Kennedy
New York Court of Appeals
Writ of error to the Supreme Court to review a judgment of that court, reversing a conviction of the defendant in error, in the Court of Sessions of Saratoga county, of the crime of. arson, and ordering a new trial.
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Writ of error to the Supreme Court to review a judgment of that court, reversing a conviction of the defendant in error, in the Court of Sessions of Saratoga county, of the crime of. arson, and ordering a new trial. The. present writ of error was brought by the district attorney, pursuant to the act of 1852, ch. 82. The indictment was for the burning of a barn of one Henry Marshall, in Stillwater, in night time, on the 27th August, 1863. It was proved that the barn in question, having a carriage house and stable attached, was burned down at the time mentioned. The evidence to charge the…
1Opinion of the Court
Denio, Ch. J.
I am” of opinion that the evidence admitted was too uncertain and too remote from the point in issue to have any legal bearing upon the case. There was no reason to believe, and certainly no evidence that it was connected with the act of binning the barn. If the matches had been ignited and had goné out without producing any further combustion, as is assumed in the judge’s charge, though there was no evidence of such a fact unless it was furnished by the inspection of the matches by the jury, they were no part of the instrumentality used in the principal burning, which must have…
2Cited by40 opinions
- Ruppert v. . Brooklyn Heights R.R. Co.New York Court of Appeals · 1897
- The People v. . ConroyNew York Court of Appeals · 1884
- People v. . RazeziczNew York Court of Appeals · 1912
- Kahn v. StateIndiana Supreme Court · 1914
- People v. SmithCalifornia Court of Appeal · 1921
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