State v. Blumenthal
Supreme Court of Arkansas
Appeal from Cross Circuit Court; W. J. Driver, Judge; 1. A tenant who wilfully burns a house occupied by himself, but which belongs to another person, is guilty of arson. 131 Ark. 129; 2 Bish. Cr. Law, § ,8; Black, Law Diet., “Arson;” Kirby’s Dig., § § 1576-9; 131 Ark. 185; 61 Mo. 276; 25 Col. 261; 1 Wash. 345; 109. Ind. 527; 10 Oh. St. 287.
1Opinion of the CourtHart, J.
This appeal is prosecuted by the State to reverse a judgment sustaining a demurrer to an indictment for arson against Dr. H. M. Blumenthal. There-was an agreement between counsel for the State'-and for the defendant that it was the intention in the indictment to charge the defendant with wilfully and maliciously and feloniously setting fire to and burning -a' dwelling house-belonging to Mrs. Sallie A. Hancock while he was in possession of it and occupied it ¡as her tenant. It appears from the record that the court 'below sustained the demurrer upon the agreed statement of facts.
We will treat…
2Cases cited10 opinions
- Trustees of Brimfield v. Commissioners of PortageOhio Supreme Court · 1840
- Snyder v. PeopleMichigan Supreme Court · 1872
- Baldwin v. PorterSupreme Court of Connecticut · 1838
- Garrett v. StateIndiana Supreme Court · 1887
- Furth v. FurthSupreme Court of Arkansas · 1911
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3Cited by1 opinion
- Whitfield v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1939