GEORGE COX, PLAINTIFF IN ERROR,
v.
THE STATE OF FLORIDA, DEFENDANT IN ERROR
West, J.
The defendant, plaintiff in error in this court, was indicted, charged with burning a building in surecl against loss or clamagu by fire, with intent to injure the insurer, the offense denounced by Section 5111, Revised General Statutes. Upon a trial he was convicted. Writ of error was taken from this court to review the judgment.
The ease grew out of the same transaction, the evidence is practically the same, and in all material respects the questions are the same, as presented in the companion case of Bryant v. State, opinion in which is this day filed.
Upon authority of Bryant v. State, Ihe judgment is affirmed.
Affirmed.
Wjtiteield, 1?. J., and Terrell, J. J., concur. Taylor, C. J., and Ellis and Browne, J. J., concur in the opinion.
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Overstreet v. State, 134 Fla. 715 (Fla. 1938)…So. R. 740; Clark v. State, 68 Fla. 433, 67 So. Re 135; Section 6064 Rev. Gen. Stats, of 1920 (Section 8359 Comp. Gen. Laws of 1927). See [*719] also Sallas v. State, 98 Fla. 464, 124 Sou. 27; Bryant v. State, 89 Fla. 26, 103 Sou. 170; Cox v. State, 89 Fla. 29, 103 Sou. 171. If the infirmity complained of was of any consequence it was one which should have been taken advantage of by motion to quash the information. Whether it was such or not is not necessary for us to here determine because the rule in h…