Felsman v. State

The case was not a strong one but we would not disturb it as being opposed to the weight of the evidence.

The court erred in charging that the defendant was on trial under the provisions of §12433 GC and in sentencing the defendant under that section. This error was most natural as it was clearly induced by the form of the indictment which used the term arson although it charged the defendant with burning a shop. Arson at common law was the unlawful burning of a habitation. Jones v State, 70 Oh St 36. For a hundred years the arson statute of this state included all sorts of buildings, the…