STATE v. ENGLISH

No. 8818SC1230.

383 S.E.2d 436 (1989)

STATE of North Carolina v. Kenneth Bradley ENGLISH.

Court of Appeals of North Carolina.

September 19, 1989.


Attorney(s) appearing for the Case

Atty. Gen. Lacy H. Thornburg by Associate Atty. Gen. Randy L. Miller, Raleigh, for the State.

Appellate Defender Malcolm Ray Hunter by Asst. Appellate Defender Teresa A. McHugh, Raleigh, for defendant-appellant.


WELLS, Judge.

Defendant has brought forward three assignments of error, challenging the sufficiency of the evidence and the admission of evidence. We overrule two of defendant's assignments of error, but find merit in one of them and accordingly award a new trial.

Defendant first assigns as error the trial court's denial of his motion to dismiss. North Carolina retains the common law definition of arson. Hence, to establish arson, the State must prove a "willful...

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