Kneiling

Upon charges of arson and burning insured property the appellant was found guilty by a jury. He was also charged with having previously been convicted of a felony and of having served a sentence therefor, which latter charge he admitted. He appealed from the judgments entered upon said verdicts and from an order denying a motion for a new trial.

The sole ground assigned for a reversal consists of a criticism of the sufficiency of the evidence, it being earnestly contended that the evidence was entirely circumstantial. It appeared that the appellant resided upon the premises which were burned, but that he was absent therefrom at the time of the occurrence in controversy, and was manager thereof for a co-defendant, who was charged with and found guilty of the same offenses. Bedding, clothing or remnants thereof, and a large quantity of newspapers, saturated with gasoline were burning in rooms, closets and in the attic. A small opening through the ceiling to said attic would not permit a person the size of his co-defendant to pass. The appellant was located, was returned to the building, and the keys to rooms and closets then burning were taken from his person. Plaster had been…