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  5. 90 S.E.2d 739 (1956)
 

STATE v. LONG

No. 579.

90 S.E.2d 739 (1956)

STATE v. Jim LONG.

Supreme Court of North Carolina.

January 13, 1956.

Attorney(s) appearing for the Case

Chas. G. Rose, Jr., Fayetteville, for defendant, appellant.

William B. Rodman, Jr., Atty. Gen., Claude L. Love, Asst. Atty. Gen., and F. Kent Burns, Staff Atty., Raleigh, for the State.

PARKER, Justice.

It is an essential element of the common law crime of arson that the burning was done or caused maliciously. State v. Laughlin, 53 N.C. 455; State v. Porter, 90 N.C. 719; State v. McCarter, 98 N.C. 637, 4 S.E. 553; 4 Am.Jur., Arson, Sec. 2; 6 C.J.S., Arson, § 1; Wharton's Crim.Law, 12 Ed., Vol. 2, Sections 1051 and 1059; Miller's Crim.Law (Hornbook Series) p. 323; Curtis, The Law of Arson, Sections 1 and 68.

As a general rule an indictment...

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