People v. Duford

• Court: Michigan Supreme Court
• Writing for the Court: SHERWOOD, J.
• Citation: People v. Duford, 66 Mich. 90, 33 N. W. 28 (Mich. 1887)
• Decision Date: 05 May 1887
• Parties: PEOPLE v. DUFORD.

33 N.W. 28

66 Mich. 90

PEOPLE v. DUFORD.

Supreme Court of Michigan

May 5, 1887

Error to Schoolcraft.

W.S Pechin, for defendant and appellant.

SHERWOOD J.

The respondent in this case was tried and convicted in the Schoolcraft circuit, of the crime of setting fire to a dwelling-house in the night-time, with the intent to burn the same, upon the following information "THE CIRCUIT COURT FOR THE COUNTY OF SCHOOLCRAFT.

"State of Michigan, County of Schoolcraft--ss.: John F. Cary prosecuting attorney for the county of Schoolcraft aforesaid for and in behalf of the people of the state of Michigan, comes into said court in the January term thereof, A.D.1887, and gives it here to understand and be informed that John Lynch and Abram Duford, late of the township of Seney, in the county of Schoolcraft and state of Michigan, heretofore, to-wit, on the twelfth day of December, in the year 1886, in the night-time of said day, at the township of Seney, in said Schoolcraft county, the inhabited dwelling-house of one Ardellia Pitcher there situate was willfully, maliciously, and feloniously set fire to, with intent then and there to burn and destroy the same, there being at the time some human beings in the said dwelling-house, to-wit, the said Ardellia Pitcher, and divers and sundry other persons, contrary to the form of the statute in such case made and provided, and against the peace and dignity of the people of the state of Michigan. JOHN F. CARY,

"Prosecuting Attorney for the County of Schoolcraft."

The respondent was sentenced to imprisonment for the term of five years.

After the conviction was had, respondent's counsel moved in arrest of...