Nature of the Case
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Facts
Serne (D) and Goldfinch (D1) were indicted for the murder of a Serne's two sons, one of which, Sjaak Serne who was an imbecile. The circumstances of the murder were that D had over insured the goods on his premises as well as the life of his son, Sjaak. Within a month of taking out insurance policies, the store and house burned down. The evidence showed that a fire was set in a number of locations within the house and shop and it was helped along by strategically placed inflammables. The two boys died in the fire. Evidence at trial indicated that D and D1 had been seen together in the shop just before the fire broke out. There were two fires started on each floor. Ds and D’s wife and daughters escaped onto the roof and then to the building adjacent. D and D1 were indicted for the wilful murder of Sjaak. The trial judge instructed the jury.
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