Miles v. State

WHITE, Associate Justice:

Appellant was convicted of arson. He contends first that the information is fatally defective because it charges in a single count that the accused “burned” and “procured to be burned” the dwelling house in question. Appellant argues that the Legislature, by the use of the disjunctive “or” in the statute upon the subject, intended to define two or more separate and distinct crimes; that, hence, by the use of the conjunctive “and” in the information, two crimes, inconsistent in character, are charged in a single count, in violation of the rule condemning duplicity.

That…