Smith v. People

Mr. Justice Hilliari>

delivered the opinion of the court.

A prosecution under ’35 O. A. S., vol. 2, page 983, chapter 48, section 81, paragraph 4 (S. L. 1933, c. 60, section 1, par. 4), concerning “Arson — Fourth Degree.” To judgment of conviction, error is assigned.

The information charged that Harry M. Hanner, Peter Hanson Smith (plaintiff in error) and Wilson Smith, “On the 28th day of February, A. D. 1936, at the said county of El Paso, did then and there wilfully, maliciously, unlawfully and feloniously place and distribute flammable, explosive and combustible material or substance, to wit:…