STATE v. SMITH

No. 38,790

173 Kan. 807 (1953)

252 P.2d 917

THE STATE OF KANSAS, Appellee, v. ALVIN LEROY SMITH, Appellant.

Supreme Court of Kansas.

Opinion filed January 24, 1953.


Attorney(s) appearing for the Case

Donald C. Smith and Fred Hall, both of Dodge City, were on the briefs for the appellant.

Harold R. Fatzer, Attorney General, and L. John Callahan, County Attorney, were on the briefs for the appellee.


The opinion of the court was delivered by

PRICE, J.:

This is an appeal from a conviction of arson in a prosecution brought under G.S. 1949, 21-584, the provisions of which make it a felony for any person willfully, and with intent to defraud the insurer, to set fire to or burn personal property either of such person or owned by another, when, at the time, such property is insured against loss or damage by fire.

In the summer of 1950 the defendant,...

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