State v. Jackson

Citations

• 19 Del. 15
• 3 Penne. 15
• 50 A. 270
• 1900 Del. LEXIS 43

Syllabus

<p>Criminal Law—Indidmeni for Burning Barn—Evidence—Confession—Inducement—Preliminary Hearing—Intent— How Proved—Malice—Defendant of Tender Age—Presumption of Law—Reasonable Doubt.</p> <p>1. At the trial of defendant, who was indicted for burning a barn, it was proposed to prove what defendant said at his preliminary hearing before the Justice when the owner of the barn which was burned said to him, the best thing he could do was to tell the truth and he would get out of it better or get through with it better. Held inadmissible.</p> <p>2. From the mere fact that the defendant (being a person of tender years set the barn on fire, the jury may not conclude as a presumption of law, that it was done maliciously. But being over the age of seven years (in this case fourteen) the law presumes that he is capable, and in ascertaining whether the intent existed and whether the act was wilful and malicious, not only the act itself, but all the circumstances surrounding the case may be considered, including the intelligence of the defendant, his conduct before and after setting fire to brush near the barn, and everything relating to or connected with the transaction.</p>