Kinchien v. State

Citations

• 50 Fla. 102

Syllabus

<p>1. An indictment charging that the accused in the night time did unlawfully, wilfully and maliciously set fire to and attempt to burn a certain building owned by A, and occupied by B as a dwelling house, even though it alleges more than is necessary, sufficiently sets forth an- attempt to commit arson.</p> <p>2. Where a general statute as to qualifications, selection and drawing of jurors, with provisions for the drawing to be done by the clerk when the judge fails to draw, is amended by an act restricted in title and body to the drawing by the judge, the amendment makes no change in the number of names for jurors to be drawn by the clerk.</p> <p>3. When the context of a witness’ testimony shows he was present at a quarrel between one accused of attempted arson and the occupant of the house burned, on the afternoon of the night of the burning, the witness may testify as to such quarrel, accompanied with threats to burn.</p> <p>4. The evidence sustains the verdict.</p>