the People Against Rose Butler
New York Supreme Court
THE prisoner was brought up on habeas corpus. She was indicted at the court of Oyer and Terminer, held in the city of New- York, in November last, for arson, under the first section of the act declaring the punishment of certain crimes, (36 sess. ch. 29. 1 N. R. L. 407.) which declares, among other things, that any person who shall be duly convicted of “ wilfully burning any inhabited dwelling house, shall suffer death,” &c.
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THE prisoner was brought up on habeas corpus. She was indicted at the court of Oyer and Terminer, held in the city of New- York, in November last, for arson, under the first section of the act declaring the punishment of certain crimes, (36 sess. ch. 29. 1 N. R. L. 407.) which declares, among other things, that any person who shall be duly convicted of “ wilfully burning any inhabited dwelling house, shall suffer death,” &c. It appeared, at the trial, that the house alleged to be burnt by the prisoner, was not entirely consumed or burnt. The fire and combustible materials had been placed by…
1Per curiam
It is well settled, that to constitue the crime of arson, it is not necessary that the house should be absolutely consumed or burned. It is enough if the fire is applied with a malicious intent, so as to take effect, though only a part is consumed. By the addition of the word inhabited in the first section of the act, the legislature evidently intended to make a distinction between the act of burning a dwelling house while persons were actually in it, at the time, and burning an uninhabited dwelling house; the one offence being punishable with death, and the other by imprisonment. (sect. 5.)…
2Cited by4 opinions
- People v. FanshaweNew York Supreme Court · 1892
- State v. SpiegelSupreme Court of Iowa · 1900
- Mason v. StateOhio Circuit Courts · 1905
- People v. FisherAppellate Division of the Supreme Court of the State of New York · 1909