State v. Hanks

•The opinion of the court was delivered by

Porter, J.:

William Hanks and Robert Kelly were jointly charged with a conspiracy to burn and with having burned the furniture in Kelly’s house, which was insured in The Sun Insurance Office, with the intent to defraud the insurer. Hanks demanded and was given a separate trial, and was tried and convicted of arson in the third degree. Kelly had made an oral and written confession as to the facts of the conspiracy, *201and was a witness for the state. After the conviction of Hanks the charge against Kelly was dismissed.

On the hearing of the motion for a new…