State v. Dinneen

Citations

• 23 Del. 505
• 7 Penne. 505
• 76 A. 623
• 1896 Del. LEXIS 34

Syllabus

<p>Criminal Law—Arson—What Necessary for State to Prove— Evidence, Positive and Circumstantial—Relations—Accomplices—Statute, Construction of.</p> <p>1. Arson at common law was “the malicious and voluntary burning of the house of another by, night or by day.”</p> <p>2. In order to convict the prisoner of arson, under our statute, the State must prove, (1) the burning or setting on fire of the building; (2) that it was a dwelling house in which at the time of burning or setting on fire there was some human being, and (3) that the offense was committed wilfully and maliciously.</p> <p>3. The ownership of the dwelling house, in the construction of our statute, whether it be that of the person charged with the offense or that of another, makes no difference, as the gravamen of the offense is the burning or setting on fire of a dwelling house in which there was at the time some human being.</p> <p>4. The evidence to prove the commission of such crime must be direct and positive, or circumstantial and presumptive. Positive and circumstantial evidence defined and illustrated.</p> <p>5. The jury are the sole judges of the credibility of witnesses—Although they may be near relations of, and kin to the prisoner, if. competent, they are allowed to testify. What faith and credit are to be given them is for the jury to determine. They stand on the same footing with other witnesses. The law applicable to accomplices does not apply to relations. All classes interested, or even parties accused are competent, under our law. The jury may accept or reject their testimony.</p>