Fisher v. State

Appellant was indicted in the first division of the circuit court of Pulaski County for the offenses of accessory before the fact to arson and arson, in separate -counts. At the conclusion of the testimony the State elected to rely upon the charge of arson, contained in the second count of the indictment, whereupon appellant requested the court to instruct the jury to find him not guilty, and, upon refusal to do so, objected, and.duly saved his exception.

The charge of arson against appellant was based upon § 2417 of Crawford & Moses’ Digest, which is as follows:

“Any person who shall wilfully…