State v. Murphy

It will be noted that the indictment does not charge defendant with having maliciously burned a building. The word “malicious” is a necessary ingredient to charge arson: Or. L., §§ 1931, 1932, 1934, and 1937; 2 R. C. L. 509, § 13; 5 C. J. 559, § 31; 31 C. J. 697, § 246. There is another reason why the crime of arson is not charged in the indictment, and that is, the building burned is not alleged to have been the property of another. An owner of a building may destroy it by fire without being guilty of any crime. In order to constitute arson of any degree it is necessary that the indictment…