State v. McLain

Citations

• 43 Wash. 267
• 86 P. 390
• 1906 Wash. LEXIS 689

Syllabus

<p>Arson — Situs of Building — Information. An information for arson sufficiently alleges the situs of the property where it alleges that the defendant, in a specified county of the state, “then and there being, did then and there . . . set fire to and burn . . .” etc.</p> <p>Same — Evidence—Admissibility. Under Bal. Code, § 2095, defining the crime of arson “of any structure” to include any barn intended to be used for such purpose, it is proper to admit evidence to show the contents of the barn to have been a horse, saddles, wagon, hay, and other personal property, in order to show the nature of the structure and the surrounding circumstances.</p> <p>Same — Sufficiency of Evidence. In a prosecution for arson, circumstantial evidence is sufficient to sustain a conviction, where it appears that the barn was evidently burned other than hy any accident or natural agency, the accused had made threats against the owner, tracks to and from the barn were strikingly similar to shoes-of a peculiar form worn by the accused, the barn door, before securely closed, was found open and a horse, bridle and saddle were missing, the horse returning the next morning, and about a month later the accused sold the missing saddle, and other facts presented a strong chain of circumstances.</p> <p>Witnesses — Impeachment. The cross-examination of a witness upon an immaterial matter cannot be made the subject of impeachment of the witness.</p> <p>Criminal Law — Arson—Evidence—Hearsay. Upon a trial for arson, evidence of a statement by the owner, who was not called to testify, that he thought another than the accused had burned the property, is not competent.</p> <p>Same — Threats by Third Person. Upon a charge of arson, evidence of threats made by a third person to burn the property is inadmissible as hearsay and incompetent, where there is no other evidence tending to implicate such third person.</p>