45 S.C. 668 | S.C. | 1896
The opinion of the Court was delivered by
The indictment in this case contained two counts — the first charging that the defendant “did feloniously, wilfully, and maliciously set fire to, and caused fire to be set to, a certain house, to wit: a dwelling house there situate of one John D. Sarvis, in which the Farmers’ Mutual Fire Association then and there had an interest, to wit: a policy of insurance, and by the Kindling of such fire the aforesaid dwelling house was then and there feloniously, wilfully, and maliciously burned and consumed, against the form of the statute in such case made and provided, and against the peace and dignity of the State. The second count of the indictment charged that the said John D. Sarvis, “with intent to defraud the Farmers’ Mutual Fire Association, a corporation under the laws of said State, which then has [had?] issued a policy of insurance on the dwelling house hereinafter named, did feloniously, wilfully, and maliciously counsel, hire, procure, and command one Alva Sarvis to feloniously, wilfully, and maliciously set fire to a certain dwelling house of the said John D. Sarvis there situate, and by the kindling of said fire aforesaid, so set as aforesaid by the said Alva Sarvis, upon the hiring, commanding, and procurement of the said John D. Sarvis, as aforesaid, the aforesaid dwelling house was then and there feloniously, wilfully, and maliciously burned and consumed; the said policy of insurance being then and there of force, outstanding in favor of the said John D. Sarvis for a large sum of money, to wit: for the sum of $550; and so the jurors aforesaid, on their oath aforesaid, do say that the said John D. Sarvis then and there, in the manner and by the means aforesaid-, feloniously, wilfully, and maliciously did commit the crime of arson, against the form of the statute in such case made and provided, and against the peace and dignity of the State.” A motion was made before his Honor, Judge Er
The judgment of this Court is, that the judgment of the Circuit Judge that the first count in the indictment be quashed, must be affirmed, and his judgment sustaining the second count must be reversed, and that the indictment be quashed.