Nature of the Case
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Facts
Faulkner (D) was on a ship, and attempted to steal some rum. D bored a hole in the side of a cask and removed some. In an effort to conceal his acts, he dropped a match he was holding and accidentally set the boat on fire, burning himself and destroying the ship. D was convicted of both attempted theft and arson; feloniously, unlawfully, and maliciously setting fire to the ship. D requested an acquittal because the prosecution failed to prove that he had an intent to establish a fire. The trial judge instructed the jury that while D had no actual intention of burning the vessel if they found he was engaged in stealing rum, and that the fire took place in the manner as stated, they ought to find him guilty. D appealed the arson conviction. On appeal the trial judge amended the record; It was conceded that the prisoner has no actual intention of burning the vessel and there was no question to the jury as to D’s knowing the probable consequences of his act, or as to his reckless conduct.
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