People v. Orcutt
Court Of Oyer And Terminer New York
Indictment for arson charging the defendant with burning in the night time a dwelling house in the city of Utica, in which there were at the time human beings. The indictment also contained counts describing the building as a barn, immediately connected with, joined to and a part of a dwelling house. The fire occurred on the night of the 8th of April, 1851, and wus kindled by the prisoner, in a stable or barn in which were several horses.
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Indictment for arson charging the defendant with burning in the night time a dwelling house in the city of Utica, in which there were at the time human beings. The indictment also contained counts describing the building as a barn, immediately connected with, joined to and a part of a dwelling house. The fire occurred on the night of the 8th of April, 1851, and wus kindled by the prisoner, in a stable or barn in which were several horses. This stable or barn was connected with and framed into another barn and stable, known as the livery barns. The roofs and frames were united, and the lofts…
1Opinion of the Court
The court
charged the jury, 1st. That if from the evidence they were satisfied that the prisoner in setting the fire did not intend to burn the building, but intended to accomplish some other object, the case would be within the People v. Cotteral, in which the prisoners having been convicted of arson, the judgment was arrested upon the ground that it was proved, beyond all reasonable doubt, that the prisoners merely designed to effect their escape from jail, and did not intend to bum the jail. That the prisoner must be presumed to have intended the ordinary consequences of his- acts, and that…
2Cited by1 opinion
- Hamilton v. PeopleNew York Supreme Court · 1870