Wimberly v. State

Owen Wimberly, with others, was jointly indicted for the offense of arson, and, upon a separate trial, he was *189found guilty. His motion for a new trial was overruled, and lie excepted. The charge was that he maliciously burned a gin-house. The only ground of the motion which requires discussion at our hands is one alleging that the court erred in charging the jury as follows: “If you believe from the evidence in this case that the house charged in the indictment was a gin-house, if you should find that the house was burned maliciously —-burned in the manner as charged in the indictment, and…