State v. Stewart

Hale, J.-

The defendant in this case, Dale Stewart, is claimed by the State to have violated section 12964 of the 1939 Code, on June 16, 1940, by placing dynamite in the gas heater attached to the furnace in the home of Harvey Wolfkill and his wife, Irene Wolfkill, with intent to injure or destroy such dwelling. Defendant entered plea of not guilty and was convicted and sentenced, and he appeals.

Section 12964 of the Code of 1939 provides punishment for any person who, with intent to destroy or injure any inhabited dwelling house, deposits or throws therein or thereunder, or elsewhere about the…