Smith v. State

This is an appeal from a judgment of guilty in a conviction for the crime of first degree arson. Appellant was tried without the intervention of a jury and was sentenced by the court to the Indiana State Prison for not less than two (2) nor more than fourteen (14) years.

The crime of first degree arson is defined by Ind. Ann. Stat. §10-301 (1956 Repl.) as follows:

“§ 10-301 [2441]. Arson in the first degree. — Any person who wilfully and maliciously sets fire to or burns, or causes the setting of fire to or the burning, or who aids, counsels or procures the setting of fire to or the burning of…