People v. Simpson

By the Court:

1. The defendant was convicted of an attempt to commit the crime of arson in the burning of a dwelling-house, of which she was in occupation as a tenant of the Borels. In the indictment, the house is alleged to have been, at the time of the burning, the property of the Borels, and the point is raised that there was a fatal variance between the proof and the indictment in this, viz., that the defendant, as a tenant in possession, is to be deemed the owner for the purposes of a prosecution of this character, and that it is not sufficient to allege the property to have been in the…