STATE v. CUTHRELL

No. 2.

63 S.E.2d 549 (1951)

233 N.C. 274

STATE v. CUTHRELL.

Supreme Court of North Carolina.

February 28, 1951.


Attorney(s) appearing for the Case

John A. Wilkinson and H. S. Ward, Washington, for the defendant-appellant.

Attorney General Harry McMullan and Walter F. Brinkley, member of the Attorney General's staff, Raleigh, for the State.


ERVIN, Justice.

The first count in the indictment is bottomed upon the statute codified as G.S. § 14-62.

A plea of not guilty to a criminal charge puts in issue every fact necessary to establish the guilt of the accused. State v. Meyers, 190 N.C. 239, 129 S.E. 600; State v. Hardy, 189 N.C. 799, 128 S.E. 152.

Where such plea is entered in a prosecution for common law arson or for the statutory felony of burning a building contrary to G.S. §...

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