Duke v. State

The information herein contained three counts charging that the defendant (1) "did unlawfully, willfully and maliciously set fire to and burn a certain dwelling house * * * the property of Paul Duke"; (2) "did unlawfully, maliciously and willfully set fire to and burn that certain dwelling house * * * the property of Cleo Duke"; (3) "did unlawfully, willfully and maliciously set fire to and burn that certain dwelling house * * * the property of Harold Duke." There is no allegation in any count as to the occupancy of the dwelling house alleged to have been burned.

A motion was made to quash the…