STATE v. CUTHRELL

No. 2.

69 S.E.2d 233 (1952)

235 N.C. 173

STATE v. CUTHRELL.

Supreme Court of North Carolina.

February 27, 1952.


Attorney(s) appearing for the Case

Harry McMullan, Atty. Gen., Claude L. Love, Asst. Atty. Gen., and R. B. Broughton, Member of Staff, Raleigh, for the State.

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


JOHNSON, Justice.

Throughout the charge the trial court seems to have assumed that the structure alleged to have been burned was a "building * * * used in carrying on * * * trade * * *" within the meaning of the statute, G.S. § 14-62, whereas this involved disputed questions of fact which should have been determined by the jury under proper instructions by the court.

This statute makes it a felony to "* * wantonly and willfully * * * cause to be burned...

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