State v. Stratton

The opinion of the court was delivered by

Mason, J.:

D. W. Stratton was charged with arson in setting fire to a dwelling house for the purpose of defrauding insurers. He was convicted, and appeals.

1. The principal claim of error arises out of the fact that at *227the request of the state the jury were sent in charge of an officer to view the ruins of the house, no one else accompanying them. In some jurisdictions it is held, and in others denied, that to permit the jury in a felony case to inspect the premises where the offense is alleged to have been committed, in the absence of the defendant,…