Handley

The defendant was convicted of the crime of arson in the second degree, and sentenced to *371 imprisonment in the state prison for the term of six years.

From the judgment of conviction and the order denying his motion for a new trial this appeal is taken.

Appellant relies for a reversal on two grounds:

The house alleged to have been burned by the defendant is described in the information as follows:

It is claimed by appellant that the name of Ellen Bolton, the alleged owner of the building, does not appear, except as stated, anywhere in the record, and that there was no evidence adduced on the trial in support of such allegation of ownership.

On this point Miss Nellie Thompson, a witness for the prosecution, testified as follows:

The rule, with reference to the proof required to support an information or indictment, is that every fact or circumstance necessary to constitute the crime charged is material, and must be alleged and proved. But the allegation of a fact or circumstance not legally essential to the charge- is mere surplusage, and may be disregarded. There are allegations, however, not necessarily essential, and which may be dispensed with; but when *372 they are…