The question whether defendant willfully burned or set on fire the building or structure described in the indictment, with intent to prejudice or defraud the insurer of the tenant’s insurable interest in improvements and betterments to the building, may be submitted to the jury upon the new trial.

The order should be affirmed.

Lehman, O’Brien, Hubbs, Loughran and Finch, JJ., concur; Crane, Ch. J., and Crouch, J., dissent.

Order affirmed.