State v. Strout

If one wilfully burns his building, which is insured against loss by fire, or causes it to be burned, with intent to defraud the insurer, the act of burning, or privity thereto, constitutes a felony. R. S., Chap. 138, Sec. 24.

This prosecution against the owner of an insured building is not for himself having fired the structure, but for having caused it to be burned. The indictment uses the very words of the statute, but it is not more descriptive with respect to any particular criminal act.

The defendant demurred. The demurrer was overruled, and an exception taken. Leave to plead anew was…