No. COA97-1551.

510 S.E.2d 683 (1999)

STATE of North Carolina v. Dock Clayton BRITT, Defendant.

Court of Appeals of North Carolina.

February 2, 1999.

Attorney(s) appearing for the Case

Attorney General Michael F. Easley by Assistant Attorney General William B. Crumpler, for the State.

Appellate Defender Malcolm Ray Hunter, Jr. by Assistant Appellate Defender Janine Crawley Fodor, Durham, for defendant.

LEWIS, Judge.

Defendant was indicted for arson but was prosecuted for, and convicted of, burning an uninhabited house in violation of N.C. Gen. Stat. § 14-62 (1993). He was also convicted of first-degree murder.

The State's evidence, except where otherwise noted, showed the following. In February 1996, defendant and his wife, Willena, were living in Clarkton. They had separate jobs. Willena worked from 7:00 a.m. to 3:30 p.m., and defendant worked from...

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