
    Smoke v. The State.
    
      Indictment for Arson.
    
    1. Sufficiency of indictment; averment of ownership of building. — An indictment which charges the burning of a “cotton-house containing cotton of ¡VT. B.” (Code, § 3781), is fatally defective, in not alleging with sufficient clearness the ownership of the house.
    From the City Court of Selma.
    Tried before the Hon. Jona. Haralson.
    The indictment in this case contained four counts, the first charging that the defendant “willfully set fire to or burned tbe cotton-bouse containing cotton of Montgomery Beasley;” tbe second, “tbe cotton-pen containing cotton of Montgomery Beasley;” tbe third, “tbe cotton-bouse containing cotton of Bettie Beasley;” and tbe fourth, “tbe cotton-pen containing cotton of Bettie Beasley.” There was a demurrer to the indictment, and also a motion in arrest of judgment, because tbe indictment did not allege tbe ownership of tbe building alleged to be burned; each of which was overruled.
    W. L. Martin, Attorney-General, for the State.
   SOMERVILLE, J.

Tbe indictment, in our opinion, was bad, in failing to aver with sufficient clearness tbe ownership of tbe “cotton-bouse,” or “cotton-pen,” alleged to have been set fire to, or burned. — Crim. Code, 1888, § 3781. Each of tbe four counts must be construed to aver only tbe ownership of tbe cotton contained in tbe bouse or pen, and not of tbe structure itself which contained tbe cotton.

The demurrer should have been sustained, and it was error to overrule it.

Tbe judgment will be reversed, and tbe usual order made for bolding tbe defendant in custody until legally discharged.

Reversed and remanded.  