State v. Mikels

The indictment accused defendant of arson committed as follows:

‘ ‘ The said Sigle Mikels on or about the 11th day of September, A. D. 1936, in the County of Appanoose and State of Iowa, wilfully and maliciously burned the barn of F. C. Edwards, contrary to the provisions. of section 12991-b2 of the Code of Iowa 1935.”

Defendant entered a plea of not guilty. There was a trial and a verdict returned finding defendant guilty as charged. From the judgment rendered thereon defendant has appealed.

One of the instructions requested by defendant was the following:

“No. 1. You are instructed that in this…