Legal Opinion

People v. Wagner

Appellate Division of the Supreme Court of the State of New York

Decided April 15, 1902PublishedCited by 7 opinions

Appeal-by the defendant, Frederick Wagner, from a judgment of the Court of General Sessions of the Peace in and for the city and county of New York in favor of the plaintiff, entered in the office of the clerk of said court on the 22d day of April, 1901, upon the verdict of a jury convicting the defendant of the crime of arson in the first degree, and also from an order entered in said clerk’s office on the 22d day of April, 1901, denying the defendant’s motion for a new…

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Appeal-by the defendant, Frederick Wagner, from a judgment of the Court of General Sessions of the Peace in and for the city and county of New York in favor of the plaintiff, entered in the office of the clerk of said court on the 22d day of April, 1901, upon the verdict of a jury convicting the defendant of the crime of arson in the first degree, and also from an order entered in said clerk’s office on the 22d day of April, 1901, denying the defendant’s motion for a new trial made upon the minutes.

1Opinion of the Court

Laughlin, J.:

The defendant was indicted -for arson in the first degree for feloniously burning a dwelling house in the city of New York on the night of January 30, 1901. Upon the trial evidence was given tending to show that between three and four o’clock in the morning of the 30th of January, 1901, a fire was discovered in the cellar of the five-story brick tenement house known as No. 855 East Eighty-eighth street which was occupied by twenty-six families.

Evidence was given tending to- show that defendant had been a tenant. of the building and was dispossessed on the- 1st day of August,…

2Cited by7 opinions

  1. People v. ReadeNew York Court of Appeals · 1963
  2. Meyers v. CommonwealthCourt of Appeals of Kentucky · 1922
  3. State v. PienickWashington Supreme Court · 1907
  4. State v. McLarneSupreme Court of Minnesota · 1915
  5. United States v. RossoCourt of Appeals for the Second Circuit · 1932

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