People v. Osborne

Defendant was convicted of arson. MCLA 750.72; MSA 28.267. He appeals and we reverse.

A fire occurred at the defendant’s residence at approximately 3:05 a.m. At the time of the fire the home was empty as the defendant and his family had left to visit a relative in Kentucky.

Defendant and his daughter testified that they left for Kentucky between 11 and 11:30 p.m. and arrived in Kentucky between 9 and 10 a.m. the next morning.

Witnesses for the prosecution testified that they saw the defendant at home after 11:30 p.m. One witness testified that he saw the defendant walking through his backyard…