People v. De Winton

Citations

• 113 Cal. 403
• 45 P. 708
• 1896 Cal. LEXIS 802

Syllabus

<p>Criminal Law—Arson—Burning One’s Own House.—A building to be the subject of arson must be at least the qualified property of another; and an indictment charging a defendant with the crime of arson in setting fire to and burning his own house, charges no offense, even though the burning was with intent to destroy other inhabitants’ buildings.</p> <p>Id.—Indictment—Description op Property—Presumption—Identity op Name.—When an indictment charges the defendant with the crime of arson in setting fire to and burning a house, the property of a person, bearing the same name as that of the defendant, the law raises the presumption of identity of person from identity of name, and the indictment must be construed as charging the defendant with the burning of his own building.</p>