Fillman v. State

HERRMANN, Justice:

The determinative issue in this arson case is whether the structure burned was a “dwelling house” within the meaning of 11 Del.C. § 352. * We think not.

The defendant Paul Knorr Fillman was convicted of arson in the second degree under § 352. The undisputed evidence is that the building involved was a dilapidated four room structure, in a rural area, which had not been used for habitation for more than 5 years prior to the fire; that its windows were broken out and its one door left open; that it had no water, gas, or electric, and was empty of any furniture or furnishings;…