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the People Against Rose Butler

the People Against Rose Butler, 16 Johns. 203 (N.Y. Sup. Ct. 1819)
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Court
New York Supreme Court · State Trial Courts
Decided
May 15, 1819
Citations
16 Johns. 203
Cited by 4
Headnotes
Setting fire to a dwelling house, inhabit’ ed at the time, by which only a part of it is consumed, is arso?i within the first section of the act/ (1 N. R. L 407. 36 sess, ch. 29.) and punishaole with death.
Summary
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 the prisoner on the kitchen stairs, in consequence of which, two or three of the stairs were, in part, consumed. The family, consisting of several persons, were asleep at the time, in the upper part of the house, and being alarmed by the noise of the fire, awoke, and finally extinguished it, but the other parts of the house did not take fire. The jury found the prisoner guilty; but some doubt being entertained by the court below, whether the facts proved amounted to arson, within the meaning of the act, the record of conviction was removed into this court, for its judgment thereon. The prisoner being placed at the bar, Van W-yck, Attorney of the District, moved for judgment. He cited, 1 Hale P. C. 568. 2 East C. L. 1020. 1 Hawk. P. C. 106. ch. 39. s. 4. 4 Bl. Com. 222. 1 Jacob's Law Diet. 132. 1 N. R. D. 407.

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Opinion of the Court

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Per 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.) The facts in this case, show the malicious and criminal intent of the prisoner, as much as if the whole house had been consumed; and we are clearly of opinion, that she has been guilty of the offence described in the first section of the act.

The court, accordingly, pronounced sentence of death against the prisoner.

How later courts describe this case

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Cited by 4 cases

View all citing references →
1892: 11900: 11905: 11909: 118922026peak 1892 · 1

Relies on it most ⓘ

  1. People v. Fanshawe19 N.Y.S. 865 (N.Y. Sup. Ct. 1892)
  2. State v. Spiegel83 N.W. 722 (Iowa 1900)
  3. People v. Fisher24 N.Y. Crim. 171 (1909)
  4. Mason v. State17 Ohio C.C. Dec. 526 (Oh. Circ. Ct. 1905)

Most recent

  1. People v. Fisher24 N.Y. Crim. 171 (1909)
  2. Mason v. State17 Ohio C.C. Dec. 526 (Oh. Circ. Ct. 1905)
  3. State v. Spiegel83 N.W. 722 (Iowa 1900)
  4. People v. Fanshawe19 N.Y.S. 865 (N.Y. Sup. Ct. 1892)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

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