Haas v. State

Citations

• 103 Ohio St. (N.S.) 1

Syllabus

<p>Criminal law — Arson — Essential elements of crime — Property of another person■ — -Section 12433, General Code — Evidence insufficient, when — Proof of burning to prejudice insurer — Section 12434, General Code — Procuring another to burn owner’s building — Charge to jury.</p> <p>1. A necessary element of the crime of arson under Section 12433, General Code, is that the building burned be “the property of another person,” and a failure of the trial court to so instruct the jury is prejudicial error.</p> <p>2. Evidence which supports a charge of burning one’s own building for the purpose of prejudicing an insurance company under Section 12434, General Code, will not warrant a conviction of arson under Section 12433, General Code.</p> <p>3. Where the owner procures another to burn his (the owner’s) building, or consents to the burning thereof, such burning is not a malicious burning of the property of another in violation of Section 12433, General Code.</p>