England v. State

Only two assignments of error are argued by the appellant: First, that the evidence is insufficient to sustain the verdict of the jury; second, the failure of the court to instruct on the defense of alibi.

The state relies wholly upon circumstantial evidence. The evidence clearly shows that some one set fire to the house in which the plaintiff in error lived as a tenant. The connection of the plaintiff in error with such fire is not evident. The circumstances surrounding it are few. No motive whatever on the part of plaintiff in error is shown for the commission of the offense; nor are we able…