Unless the conduct is covered under some other provision of law providing greater punishment, if any person shall wantonly and willfully set fire to or burn or cause to be burned, or aid, counsel or procure the burning of any uninhabited house, or any stable, coach house, or outhouse, whether the same or any of them respectively shall then be in the possession of the offender, or in the possession of any other person, the person shall be punished as a Class F felon. (1874-5, c. 228; Code, s. 985, subsec. 6; 1885, c. 66; 1903, c. 665, s. 2; Rev., s. 3338; C.S., s. 4242; 1927, c. 11, s. 1; 1953, c. 815; 1959, c. 1298, s. 1; 1971, c. 816, s. 4; 1979, c. 760, s. 5; 1979, 2nd Sess., c. 1316, s. 47; 1981, c. 63, s. 1; c. 179, s. 14; 1993, c. 539, s. 1160; 1994, Ex. Sess., c. 24, s. 14(c); 1995 (Reg. Sess., 1996), c. 751, s. 2; 2022-8, s. 1(d).)
Notes of Decisions
Cited in
22
cases, 1951–2016 · leading case:
State v. Hunt, 792 S.E.2d 552 (N.C. Ct. App. 2016).
State v. Hunt, 792 S.E.2d 552 (N.C. Ct. App. 2016).
· cites it 13× “[or other specified building] whether the same or any of them respectively shall then be in the possession of the offender, *243 or in the possession of any other person, he shall be punished as a Class F felon.”
State v. Avery, 337 S.E.2d 786 (N.C. 1985).
· cites it 2× “Defendant argues that because G.S. 14-62 does not define the term “set fire to or burn or cause to be burned” the State was required to prove a “burning” as that term has been defined in arson cases.”
State v. Britt, 510 S.E.2d 683 (N.C. Ct. App. 1999).
· cites it 8× “Defendant was indicted for arson but was prosecuted for, and convicted of, burning an uninhabited house in violation of N.C. Gen. Stat. § 14-62 (1993). He was also convicted of first-degree murder.”
State v. Gulley, 266 S.E.2d 8 (N.C. Ct. App. 1980).
· cites it 5× “Defendant was charged under G.S. 14-62 with burning an “uninhabited dwelling house.”
State v. Clark, 369 S.E.2d 607 (N.C. Ct. App. 1988).
· cites it 8× “Specifically, defendant argues that the State failed to make its case under G.S. § 14-62 entitled “Burning of churches and certain other buildings.”
State v. Nipper, 629 S.E.2d 883 (N.C. Ct. App. 2006).
· cites it 20× “" N.C. Gen. Stat. § 14-62 (2005). He relies on State v.”
State v. Teeter, 599 S.E.2d 435 (N.C. Ct. App. 2004).
· cites it 7× “Defendant (Michael Teeter) appeals from judgment entered upon his conviction of burning a garage in violation of N.C.G.S. § 14-62 “Burning of Certain Buildings.”
State v. Cuthrell, 63 S.E.2d 549 (N.C. 1951).
· cites it 2× “The first count in the indictment is bottomed upon the statute codified as G.S. 14-62. A plea of not guilty to a criminal charge puts in issue every fact necessary to establish the guilt of the accused.”
State v. Woods, 427 S.E.2d 145 (N.C. Ct. App. 1993).
· cites it 30× “The defendant was charged in a proper bill of indictment on 21 October 1989, among other crimes, with wantonly and willfully burning “an uninhabited storage building located at 607 Old Highway 10, Marion, North Carolina” in violation of N.C.G.S. § 14-62. A trial was held on the…”
State v. Cuthrell, 69 S.E.2d 233 (N.C. 1952).
“” 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.”
State v. McWhorter, 238 S.E.2d 639 (N.C. Ct. App. 1977).
· cites it 2× “” Defendant argues that the language of the bill is not sufficient to charge an offense under G.S. 14-62. We need not respond to this contention since the bill is clearly sufficient to charge an offense under G.”
State v. Sheetz, 265 S.E.2d 914 (N.C. Ct. App. 1980).
“Motion to Dismiss Defendant’s plea of not guilty in a prosecution under G.S. 14-62 places the burden upon the State to prove (1) the fire, (2) that it was of incendiary origin, and (3) that defendant was connected with the crime.”
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