OPINION
ERWIN, Justice.
In the early morning hours of January 10, 1970, flames and smoke were observed in the attic of a house located at 8442 Dunlap Street by Anchorage Assistant Fire Chief Bagley and State Trooper Rudolph who had the house under surveillance. Appellant, Ferguson, in possession of the unoccupied house, was subsequently charged, arrested, and convicted of first degree arson.
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