State v. Harrington

CAMPBELL MONTEREY, (Senior) Judge.

The State challenges the dismissal of the arson count of the indictment that charged Johnny Harrington with first-degree murder and first-degree arson. We reverse.

The record before us is meager. The facts of the case before the trial judge for the purpose of Harrington’s motion to dismiss the arson charge are revealed only by the criminal report affidavit, the affidavit for search warrant, the search warrant and return with attached inventory and receipt, and the argument of counsel. Those facts show that Harrington and Gwendolyn Bell had a long, intimate…