State v. Cuthrell

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

This statute makes it a felony to “. . . wantonly and wilfully . . . cause to be burned, or . . . procure tbe burning of (description of several types of building not pertinent to this case) or any building or erection used in carrying on any trade…