State v. Espelin

April 15, 1937, the defendant was found guilty of the crime of arson and thereafter sentenced by the district judge of Rosebud county to serve two years in the state prison. A motion for a new trial was made and denied, and the matter was appealed to this court.

The defendant was found guilty of burning an unoccupied dwelling, in which at the time school furniture and school books were stored. The school building was located some 300 feet from the burned building. The abandoned dwelling was burned some time during the early part of the night of August 2d or early morning of the 3d, 1936, and a…