Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1828-11-06
BALTIMORE COUNTY COURT.
SRPTEMBER Term 1909

| oEPIEMBkR ERIN, 1928.
State VS.. George Gracr.-This was an indict.
ment which contained three Cnunts-,h- frs,
charged The defendant with burning tia dwell.
ling house Of Joseph Jameson the second
burningoshouse OF Jane son s-the third with
burning an clubhouse Of Jameson's. On the
prisoners trial, i: appeared that an uninha Sit
eG dwelling house in Baltimore Count, belong
| ing 10 Jameson on the 18Th September last, be-
! tween mfG nigh, and day-brcak, was burnt
down; and evidence Of the prisoners confess
sions, ha he Sarpt the housr in question. wi h
proof for aud against his egaion-that he
WAS at home on the night the fire Cured, was
also submitted 10 the jay Ii also appeared,
tina Jameson was 10 the possession Of he farm
| on which the house burnt was situated al thr
tim" OF the burning, & had been for some years
betore--thal the person whose titie he had ,ar-
chased under decree Of The Conn, OF Chan.
Gerry, had before vie sale morlg gcd the land
to ano' her, whose mortgage wae still ousstaud-
ing and unsatisHrd; and hat the mortgo gee had
some years sine, given notice 10 the mortga-
gor TO Ply him rent
After a variety OF evidence upon collateral
ques' ions had beer given, which, as the facts
Of The were not Ultimately submit ted 10 the
jur,, 1t is u"necs ssary 10 state, ard before tn"
testimony N either sid- was closed
The c.u"sei for he prsone, submitted 10 the
cons der. .ruu Of The Court The following pro-
pu il'"n>:
Isl, Tia, the mouse destroyed-at he time
OF q d yrurHoo no beng 10 the actual occu
p,nrr s ary person, IL VS. not an arson, al
cur.-..- Sc bureit
3 f. he rrsa title to he property having
pas. q i.ra- b.. owner OF The fee 10 morrga-
= De for ls,!,cson putcha ed, he was not, 10
LAW fu- Nner III tie house; aud therefore The
ails q ION r,-:a'ned in tie indictment, that 1t
We, J me ,on's properly, could not DE SUSTAIN
ed
S.. That ,he house in question, was not an
ont house. in The legal cc.ptauon Of ,ha. term,
nor Ni;hi, h" meaning OF the Penilen,lary sys-
TEN Of iris State.
Thesr questions were discussed at some length
by tie counsel IN the cause, when the Cour'
ht III that the house could no, be considered an
oat- house-that it was an un,enanled dwelling
that although na case had been produced IN
waich i, had been hrld-that TO burh an un,en
anled dwelling WAS not arson al The Common
Law, VT The writers on the Criminal code held
the doctrines in the IF nee Of burglary, IN res
ference to the necessity Of the house being &c.
| tuslly occupied Ia constitute thai crime, 20 he
! applcabi, to the crime Of atson- hat as in
burglary. The breaking and entry OF an uninha,
| bti ed mouse, or OF mouse not teuporhrity rit
| by the owner with IN ini'ni 10 return, was mol
an offence, so he burning Of a house similarly
! sissa,ed, WAS not an arson bat The housr
was also described in one Count Of The iDdiCr
ment, as The dwelling house IT Joseph Jame-
son, which, in common understanding, me ant
the house occupied by Jameson a. his dwelling;
and that, the huuse destroyed as>use"iy was
not. The Court also declared, hat the pos
session nf Jameson was all hat was necessary
| TO be exntnined INTO IN d criminal case that IL
such cases questions of ii l. were rarely Exam
iped into Eha. if tn. case had been made gu,
in lis other features, the fact o. there being a
prior unsa,is6, q mortgage would not have di>
proved he allegation, tha, it was Jam, SON.
properly. Under the direction of The Court
re jury acquitted The accused. TIE opinion
LOT the Court supersedng The necessity oil ot-
rerinc further evideL ce on either side.
| The Cours .hen ordered Grace 10 give bail
10 arswrr any further charge which might be
preferred aeains, him to the mex, Grand jury
for misdeme amor; and also required OF HIM
:, curly far his goot benasiour
Counsel for the State, wilson, (Dist. Att
Gen) Gill and Johuson-for the accused, Glenn
I'D Heath.