People v. Haynes
New York Supreme Court
THE defendant was convicted at the Schenectady oyer, in 1868, of the crime of arson, in the third degree. The specific offense charged in the indictment was, that on the 4th April, 1867, he feloniously, in the night time, set fire to a certain grist-mill, the property of one Frederick Whittlesy.
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THE defendant was convicted at the Schenectady oyer, in 1868, of the crime of arson, in the third degree. The specific offense charged in the indictment was, that on the 4th April, 1867, he feloniously, in the night time, set fire to a certain grist-mill, the property of one Frederick Whittlesy. On the trial, evidence was given by one Margaret A. Bronk, that she set the fire at the request and on the instigation of the defendant, who, as she testified, prepared the material to be ignited, and was, at the time, in the immediate vicinity of the mill, with the purpose of rendering aid in…
1Opinion of the Court
By the Court, Bockes, J.
The refusal of the court to direct an acquittal of the defendant was manifestly right. It was unnecessary to state in the indictment the names of the jurors by whom it was found. This was expressly decided in the case of The People v. Bennett, (37 N, Y. Rep. 117.) The second objection urged, that the indictment omits to charge that the setting fire to the building was willfully *453done, was not well founded in fact. It was charged that Haynes “unlawfully, maliciously and feloniously, in the night time, did set fire to a certain grist-mill.” This language is equivalent to…
2Cases cited5 opinions
- People v. CostelloCourt for the Trial of Impeachments and Correction of Errors · 1845
- Haskins v. . the PeopleNew York Court of Appeals · 1857
- Sleeper v. Van MiddlesworthNew York Supreme Court · 1847
- People v. WhiteNew York Supreme Court · 1835
- Willard v. GoodenoughSupreme Court of Vermont · 1858
3Cited by7 opinions
- Malachi v. StateSupreme Court of Alabama · 1889
- People v. NitzbergNew York Court of Appeals · 1941
- Wisdom v. PeopleSupreme Court of Colorado · 1887
- People v. DoyleNew York Court of Appeals · 1860
- The People v. . ShermanNew York Court of Appeals · 1886
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