State v. Nielson

ELLETT, Justice.

The defendant was convicted by a jury of the crime of second-degree arson and of being an habitual criminal. Thereafter he was sentenced to serve concurrent terms in the Utah State Prison of “not less than one year and not more than ten years” for second-degree arson and “not less than fifteen years” for being an habitual criminal. See Secs. 76-6-2 and 76-1-18, U.C.A.19S3. ITe appeals and assigns various errors which he claims were made at the trial. Those errors meriting attention may be grouped into three categories:

1. The crime of arson was not made out because no part of…