The indictment is sufficient in form and in substance. The words " burn or cause to be burned," are equivalent expressions, and although they are both needlessly inserted in the indictment, it is submittedthat the indictment is not vitiated thereby. When tested by the rule prescribed by the two hundred and forty-fifth section, p. 454 of Compiled Laws of California, the indictment is clearly sufficient. The particular circumstances of the offense need only be charged where they are necessary to constitute a complete defense. (Section 239, p. 453 Compiled Laws.) It is clear that the appellant was not deprived of any substantial right by the form and substance of this indictment, and unless this is so, the judgment will not be reversed. (Sec. 499, p. 486, Comp. Laws; People v. Lockwood, decided at April term, 1856.)
JUDGES: The opinion of the Court was delivered by Mr. Chief Justice Murray. Mr. Justice Terry concurred.
OPINION
MURRAY, Judge
The indictment in this case charges the accused of the crime of arson, in this, that on a certain day, etc., " he did burn or cause to be burned, a certain dwelling-house, etc."
This is not a sufficient description of the offense; first, because the charge is laid in the alternative, whereas it should be special; and second, because the facts and circumstances of the alleged offense are not set forth in such a manner as to apprise the prisoner of the offense charged against him, so that he may be prepared for his defense. (See the case of the People v. Aro, ante 207.)
Judgment reversed, and new trial ordered.