Williams v. State

Carley, Judge.

Appellants were tried under an indictment purportedly alleging the crime of arson in the first degree. At the close of the evidence, appellants moved for a directed verdict of acquittal on the ground that the indictment was “totally defective.” The trial court agreed that the indictment failed to allege the crime of arson in the first degree and granted the motion for directed verdict of acquittal as to that crime. However, the trial court did allow the case to go to the jury on the question of appellants’ guilt of the lesser included offense of arson in the second degree. The…