State v. Spence

The opinion of the court was delivered by

Trenchard, J.

Simon Spence, the defendant below, and one Albert Hildreth, were jointly indicted for willfully and *266maliciously burning a “building used as an automobile garage/’ in the city of Camden. A severance was ordered and Spence was tried separately. The jury returned a verdict, as appears by the record, of “guilty as an accessory as charged.”

The defendant contends that he was convicted of a crime for which he was not indicted, and hence the judgment of the court, based upon the verdict, must be reversed.

The argument is that since the jury found…