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STATE v. SMITH

No. 7726SC428.

239 S.E.2d 610 (1977)

34 N.C. App. 671

STATE of North Carolina v. Herbert A. SMITH, Jr. and Billy A. Garris.

Court of Appeals of North Carolina.

Certiorari Denied and Appeal Dismissed January 11, 1978.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Associate Atty. Patricia Hodulik, Raleigh, for the State.

W. Faison Barnes, Charlotte, for defendants-appellants.

Certiorari Denied and Appeal Dismissed by Supreme Court January 11, 1978.

VAUGHN, Judge.

Defendants contend that the court erred in failing to grant their motions for nonsuit on the charges of unlawful burning. Defendants correctly argue that the burden was on the State to prove (1) the fire, (2) that it was of incendiary origin, and (3) the connection of the accused with the crime. State v. Cuthrell, 233 N.C. 274,

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