Myers v. State

The appellant was charged with the crime of arson in the second degree. He was tried by a jury which, after debating for twenty hours, returned a verdict of guilty as charged, and recommended leniency.

The attorney general has filed a brief in which he confesses error and admits that the judgment should be reversed. It is nevertheless the duty and re-sponsibility of this court to examine the record and determine whether the law, as applied to the facts in the case, requires reversal of the judgment of conviction. Green v. State (1953), 232 Ind. 596, 115 N. E. 2d 211.

The appellant asserts that…