State v. McIntyre

*44The opinion of the court was delivered by

Johnston, C. J.:

J. B. McIntyre and Ephraim Garrett were jointly charged with arson, the burning of a hotel and restaurant building, in the city of Chanute in the nighttime of May 2, 1928, when it was inhabited by human beings. Garrett entered a plea of guilty to the charge and was sentenced to the state penitentiary. The defendant, McIntyre, was later tried, found guilty of arson in the first degree, and the sentence imposed was confinement in the penitentiary not less than ten nor more than twenty-one years. McIntyre appeals.

Among the errors assigned…