State v. Donovan

New York Court of General Session of the Peace

State v. Donovan

95 A. 1041, 29 Del. 42, 6 Boyce 42, 1915 Del. LEXIS 66

CourtNew York Court of General Session of the Peace

DecidedJune 30, 1915

DocketNo. 5

StatusPublished

Cited by2 cases

This text of 95 A. 1041 (State v. Donovan) is published on Counsel Stack Legal Research, covering New York Court of General Session of the Peace primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Donovan, 95 A. 1041, 29 Del. 42, 6 Boyce 42, 1915 Del. LEXIS 66 (N.Y. Super. Ct. 1915).

Pincite

Opinion

Boyce, J.,

delivering the opinion of the court:

The accused is charged with wickedly, unlawfully, maliciously and willfully soliciting one Washington Collins feloniously, willfully and unlawfully to set on fire a certain warehouse alleged to be the property of “the Smith Manufacturing Company.”

There is some conflict in the cases when a corporate name is pleaded, whether the fact of incorporation must be averred. Generally when the name in which the property is laid imports an incorporation such fact will be presumed. Where the name of a corporation is stated as owner, there need be no averment that it is a corporation. State v. Rollo, 3 Penn. 421, 54 Atl. 683; 22 Cyc. 352; 10 Ency. Plead. & Prac. 509.

The gravamen of the offense charged is the solicitation of another to set on fire a warehouse. The solicitation constitutes the crime. We decline the motion for binding instructions.

No testimony was introduced on behalf of the accused.

Boyce, , J., charged'the jury.-

Verdict, guilty.

Free access — add to your briefcase to read the full text and ask questions with AI