Laverty

The indictment charges the defendant with the crime of arson for having willfully and feloniously, in t'he night-time, set fire to and burned a certain building, described in the indictment, in which there were human beings, said building being alleged to have been then and there the property of one Frederick Brown.

The defendant interposed the plea of not guilty, and a further plea of once in jeopardy. After a full and fair trial the jury found against him on each of said pleas, and returned a verdict finding him guilty of arson in the first degree. Defendant made a motion for a new trial, which was denied. This appeal is from the judgment, and from the order .denying his motion for a new trial.

It' is not claimed that the evidence is insufficient to sustain the verdict; but certain alleged errors are assigned, the most plausible of which we will notice.

The first point urged is that the verdict in favor of the people upon the plea of once in jeopardy was rendered by means other than of a fair expression on the part of the jurors. The record shows that when the jury returned with its verdict of guilty it did not return a verdict upon the plea of once in jeopardy. Upon being…