DONWORTH, J.
The defendant was charged by information with the crime of arson in the first degree as follows:
"He, the said FRANK M. McVEIGH, in the County of King, State of Washington, on or about the 1st day of January, 1948, in the night-time wilfully did set on fire a building located at 4228 University Way, in the City of Seattle, said county and state, the same being a building wherein a human being then and there was present, and said fire being manifestly...
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