People v. Van Blarcum

Decided November 15, 1806

New York Supreme Court · decided 1806-11-15

The defendant was convicted at the last Oyer and Terminer, in Dutchess county, of 'arson, in burning the county court-house and gaol. It was described in the indictment, as the dwelling-house of John Forbes, who was the gaoler, and who, by permission of the sheriff lived with his family in a part of that building, and under the roof with the court-house and gaol. A motion was made, in arrest of judgment, on the ground that this was not the dwelling-house of Forbes.

Good law ✅— No negative treatment on recordhow we know

Decided 1806-11-15

How this case has been cited

Cited by 8 later decisions — most recently November 1905

8 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Per Curiam.

¶1If one be indicted for burning the dioelL ing-house of another, it is sufficient, if it be, in fact, the

¶2 *105dwelling-house of such person.' The court will not inquire into the tenure (a)or interest which such person has in the house burnt. It is enough that it was his actual dwelling at the time.

¶3Motion denied.

¶4Occupation of the dwelling house seems.suflicient; probably upon the same reason that possession of stolen goods before-the felony is sufficient to lay them in the indictment, as the property of the person from whose possession they were stoloD, and no enquiry can bo made into the title of the possessor of such goods. ’ -