Supreme Court of Errors of Connecticut The State of Connecticut v. Stewart 6 Conn. 47 (1825) Where an information charged in the first count, the burning of a barn, being parcel of the mansion-house, . . . and the evidence was, that the prisoner burned a barn eighteen rods from the mansion-house, and separated therefrom by a highway; and the jury found the prisoner guilty on the first count, and not guilty on the second; it was held, that he was entitled to a new trial, for a misapplication of evidence, by the jury. This was an information against Stewart , in two counts. In the first count, he was charged with having set fire to and burned a certain barn or out-house of Russel Dutton , in East-Haddam , being parcel of his mansion-house . . . . On the trial before Peters , J. at Haddam, August term 1824, it was proved, that the prisoner burned the barn of Russell Dutton , as alleged in the information; and it was also proved, that this barn was eighteen rods from Dutton's mansion-house, and was separated therefrom by a
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