Cox v. State

The charge upon which plaintiffs in error were tried and convicted was the wilful and malicious burning of the dwelling house of another. Sec. 5106, Rev. Gen. Stats. To review the judgment imposing sentence upon them writs of error were taken.

Reliance for reversal is placed primarily upon assignments challenging the sufficiency of the evidence to sustain the verdict.

There is evidence tending to prove that the building burned was not at the time of its destruction the dwelling house of the alleged owner and occupant for the reason that he and his family had previously vacated it with no…