43 Fla. 171 | Fla. | 1901
In June, 1900, the plaintiff in error was tried in the Criminal Court of Record of Duval county, and found guilty as charged, upon an information alleging that he, on May 9, 1900, in Duval county, Florida, “did then and there wilfully and maliciously set fire to' and burn a building there situate, to-wit: the dwelling-house of one Wesley Hearn, contrary to the form of the statute,” etc., and sentenced to' confinement in the State prison at hard labor for life.
I. Defendant moved in arrest of judgment upon the ground that the section of the Revised Statutes upon which the information is based does not support it; that the statute does not make the wilful and malicious burning of the dwelling-house of another a penal offence. The ruling denying this motion is assigned as error.
Section 2426 Revised Statutes reads as follows: “Burning dwelling-house. Whoever wilfully and malic
II. The following instruction given by the court was excepted to: “You must be satisfied beyond a reasonable doubt that there was a structure set fire to and burned; that that structure was' wilfully and maliciously set fire tO' and burnt by the defendant; that said struc
Other errors are assigned which it is deemed unnecessary to consider.
The judgment is reversed and a new trial awarded.