FINE, J.
The Commonwealth concedes that there was error in the jury instructions on the intent necessary for the crime of arson (G.L.c. 266, § 1) of which the defendant, Bobby Glenn, was convicted. His attorney did not object to the instructions. We conclude that the error was sufficiently serious in the context of the whole trial that the instructions created a substantial risk of a miscarriage of justice. See Commonwealth v. Freeman,
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