Judgment reversed, on the law and the facts, and indictment dismissed.
Since the evidence adduced at the trial indicates that defendant set fire to an abandoned barge, the trial court erred in finding him guilty of injury to property as a misdemeanor, in the absence of proof of ownership in someone other than defendant, which is a material element of the crime. The People must aver and prove that the property allegedly destroyed or injured was that of another...
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