PUTMAN, J.
Terry Lee Utsler, Hubert Clay Strader and Daniel Boone Morgan were jointly indicted, tried and convicted by a jury in Tuscarawas County in one two-count indictment which charged them with a November 23, 1968, burning of a dwelling house of others (Section 2907.02, Revised Code) and nearby barn (Section 2907.03, Revised Code).
The third defendant, Daniel Boone Morgan, was later acquitted by the court, notwithstanding the verdict.
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