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FILLMAN v. STATE

251 A.2d 557 (1969)

Paul Knorr FILLMAN, Defendant Below, Appellant, v. STATE of Delaware, Plaintiff Below, Appellee.

Supreme Court of Delaware.

February 27, 1969.

Attorney(s) appearing for the Case

A. Richard Barros, of Brown, Shiels & Barros, Dover, for defendant below, appellant.

William Swain Lee and William M. Chasanov, Deputy Attys. Gen., Georgetown, for plaintiff below, appellee.

WOLCOTT, C. J. and CAREY and HERRMANN, JJ., sitting.

HERRMANN, Justice:

The determinative issue in this arson case is whether the structure burned was a "dwelling house" within the meaning of 11 Del.C. § 352.* We think not.

The defendant Paul Knorr Fillman was convicted of arson in the second degree under § 352. The undisputed evidence is that the building involved was a dilapidated four room structure, in a rural area, which had...

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