Williams v. State
| Decision Date | 29 January 1930 |
| Docket Number | 13,840 |
| Citation | 169 N.E. 698,90 Ind.App. 667 |
| Parties | WILLIAMS v. STATE OF INDIANA |
| Court | Indiana Appellate Court |
From Jennings Circuit Court; John R. Carney, Judge.
Mary May Williams was convicted of arson, and she appealed.
Reversed.
Harry C. Meloy and Fitzgerald & Fitzgerald, for appellant.
James M. Ogden, Attorney-General, and E. Burke Walker, Deputy Attorney-General, for the State.
Appellant was charged with the crime of arson by the grand jury of Jennings county. The indictment is in four counts. On the first trial, the appellant was found guilty on the second count of the indictment. A new trial was granted by the court. On the second trial, appellant was again found guilty on the second count of the same indictment. The court rendered judgment on the verdict of the jury and sentenced appellant to the Woman's Prison. The trial court overruled the motion for a new trial, to which an exception was taken at the time. Appellant assigns as error the overruling of her motion for a new trial and presents two causes: (1) The verdict of the jury is not sustained by sufficient evidence; (2) the verdict is contrary to law.
A resume of the evidence favorable to the State is as follows On and prior to September 3, 1927, the appellant was the owner of a small dwelling house to which was joined a store or business room located in the town of Brewersville Jennings county, Indiana. The appellant lived in the house and operated a small dry goods and grocery store. A railroad passes through the town, and appellants' residence and storeroom were located about 300 feet from the railroad. In the summer of 1927, the appellant was engaged in making repairs on her property in Brewersville. An insurance agent of North Vernon learned of the fact and solicited the appellant for insurance and was informed by appellant that she had insurance. Afterwards, the appellant, her existing insurance having been cancelled, called upon the insurance agent at North Vernon to insure her real and personal property. The agent made an inspection of the premises, and, after the examination of the buildings, stock of goods in the grocery store, household goods and fixtures so owned by appellant, the agent informed her of the several amounts he would carry on the several items of real and personal property. The appellant made no suggestions as to the amount of insurance, only that she wanted service and protection, and the insurance agent distributed the insurance in several companies, which insurance aggregated $ 2,000 on the buildings, $ 1,500 on the stock of merchandise, $ 300 on fixtures and $ 500 on household goods. The premiums were paid by the insurance agent and the appellant has partially reimbursed the agent. The several amounts of insurance were ascertained by the insurance agent according to the value of the real estate and personal property as determined by him.
In August, 1927, the appellant met her daughter at the Columbus fair. At that time, the appellant brought with her some canned goods and things from the store. The appellant, in the course of the conversation, remarked to her daughter that she brought all she could without arousing suspicion. The daughter was unable to recall whether she wrote her mother asking her to bring the several items of groceries; however, she took the groceries home and used them on her table. The daughter, at a later date, attempted to have a guardian appointed for her mother, but dismissed the petition.
On or about Thursday, September 3, 1927, a Miss St. Clair visited appellant, and was met at the train at North Vernon by appellant at 10: 30 a. m. When they started to Brewersville, they stopped at a filling station and purchased gasoline, a part of which was put in the car and some in a can. Then the appellant purchased some mixed pop, candy and ice and continued home, arriving at about noon. The can which was filled with gasoline was red on the outside and held approximately three gallons of gas. When they arrived at appellant's home in Brewersville, Richard, the 15-year-old son of the appellant, took the gasoline can upstairs. Miss St. Clair remained at appellant's home until Saturday. On Friday, appellant, Miss St. Clair and appellant's son Richard cleaned the house. Richard used coal oil or kerosene in mopping the floor of the kitchen, which was covered with linoleum. Papers were carried out of the store and burned. On Friday evening, appellant and Miss St. Clair went to North Vernon and attended a show. They returned about 11 o'clock p. m., ate a lunch, and the guest retired. There were four rooms downstairs. Appellant and her guest, Miss St. Clair, slept in the same room downstairs. At the time the guest went to bed, Richard was sleeping in a chair and the appellant was still seated at the table eating. The guest awakened about 2 or 3 o'clock; appellant was in bed with her, and remarked that it was daylight and called to her son Richard "to get up and look out." Richard called out that the house was on fire. Appellant and her guest escaped through the west door of the bedroom. They did not have time to dress. When they reached the outside, a fire was blazing from the roof of the house. A few articles were carried out of the house, consisting of a stand, table and trunk. Appellant had a conversation with her guest after the fire. The guest was asked if she had been awake during the night, to which she replied in the negative. Appellant said she had been upstairs to the toilet during the night, but did not observe anything suspicious.
A witness gave evidence to the effect that she was in the store of appellant in August, 1927, purchasing some bread; that appellant was using a quart spray which contained coal oil in order to rid the place of flies; that she passed the store in the spring of the year and Richard was using coal oil in sweeping out the store. Several witnesses gave evidence as to observing the fire; that it started near the roof and that the fire burned two hours; that appellant and her son made every effort to remove goods from the house. There is evidence to the effect that appellant had said she was going to sell the store; that in August, 1927, the appellant was sorting papers in her home; when she was asked questions as to what she was doing, she replied: All of the witnesses agree with one another that the fire was first discovered in the second story, although some of them did not see the fire until it was blazing in the roof. A witness gave evidence that the building could be replaced for 11 or 12 hundred dollars provided old timber was used; that if old lumber could not be obtained and good material be used, a different calculation would be necessary.
Richard on behalf of appellant, testified that he was 15 years of age and attended school; that, on Thursday, he did purchase three gallons of gasoline and that, when he arrived home that day, he placed the gasoline can under the stairway; that, on the following day, he put two gallons of the gas in the car, and with the remaining gas he washed his pants; that his mother baked some pies and cakes Friday morning to sell in the store; that after the guest retired Friday night, he helped his mother dry the dishes and went to bed; after he retired, his dog commenced to scratch on the door and he got up and let him in, and the dog slept at the foot of his bed; that he was awakened by the guest yelling "fire"; that he jumped out of bed, assisted his mother in getting out of the house and then gave the alarm of fire; that practically all of his clothes were burned in the fire; that he was present in Columbus when his mother gave the daughter some groceries, which consisted of some coffee, jelly and canned corn, and that his sister removed the groceries from his mother's car; that it was not the first time his mother had helped his sister by giving her canned goods; that he did not hear any remark that the daughter attributed to the appellant; that the house...
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