STATE v. EUBANKS

No. 8629SC543.

349 S.E.2d 884 (1986)

STATE of North Carolina v. Oral EUBANKS.

Court of Appeals of North Carolina.

November 18, 1986.


Attorney(s) appearing for the Case

Atty. Gen. Lacy H. Thornburg by Associate Atty. Gen., James A. Wellons, Raleigh, for the State.

Appellate Defender Malcolm Ray Hunter, Jr. by Asst. Appellate Defender Robin E. Hudson, Raleigh, for defendant, appellant.


HEDRICK, Chief Judge.

The only assignment of error defendant argues in his brief is that the evidence is insufficient to support the conviction for second degree arson. Arson is defined at the common law as the willful and malicious burning of the dwelling house of another person. Under G.S. 14-58, if the dwelling burned was unoccupied at the time of the burning, the offense is arson in the second degree.

For a burning to be "willful and malicious" in the...

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