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STATE v. COCKERHAM

No. COA97-650.

497 S.E.2d 831 (1998)

STATE of North Carolina v. Michael Anthony COCKERHAM.

Court of Appeals of North Carolina.

April 7, 1998.

Attorney(s) appearing for the Case

Michael F. Easley, Attorney General by George B. Autry, Jr., Assistant Attorney General, Raleigh, for the State.

Rabil & Rabil by S. Mark Rabil, Winston Salem, for the defendant.

WYNN, Judge.

Under N.C. Gen.Stat. § 14-49(a), a defendant may be charged with willfully and maliciously injuring another by use of an explosive or incendiary device if there is at least "some probability" that the subject device, compound, formulation or substance was capable of being used for destructive, explosive or incendiary purposes. See also N.C. Gen. Stat. § 14-50.1. Because there was "some probability...

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