Hicks v. State

Citations

• 43 Fla. 171

Syllabus

<p>1. One who wilfully and maliciously burns the dwelling7house of another is guilty of a penal offence under section 2426 Revised Statutes.</p> <p>2. Upon the trial of an information found under section 2426 Revised Statutes, charging the accused with wilfully and Inaliciously burning the dwelling-house of a person therein named, it is error for. the'court to charge that the jury should convict the accused if it has been proven to their satisfaction beyond a reasonable doubt that the accused within two years prior to the filing of the information, in the county alleged, wilfully and maliciously set fire to and burned a structure; that said structure was a dwelling-house, and that said dwelling-house was the property of the person alleged in the information. In such a case it is not sufficient to prove that the party alleged in the indictment owned the building, and that the building was the dwelling-house of some other person, but it must be shown that the building is the dwelling-house or residence of the party alleged.</p> <p>3. Evidence examined and found insufficient to support the ver- , diet.</p>