Simmons v. State

This is an appeal from a judgment entered on a finding made by the court that the appellant was guilty of arson in the first degree as charged in an affidavit, upon which he was sentenced to the Indiana State Prison for a period not less than two nor more than fourteen years. The error assigned is the overruling of appellant’s motion for a new trial.

The essential part of the affidavit charging the crime is as follows:

“RUSSELL SHELTON being duly sworn upon his oath says that HARVEY SIMMONS on or about the 4th day of June A.D. 1954, at said County and State as affiant verily believes did then…