Marable v. Commonwealth

BAKER, Judge.

William I. Marable (appellant) appeals from his bench trial conviction by the Circuit Court of Lunenburg County (trial court) for burning an occupied dwelling in violation of Code § 18.2-77(A). Appellant contends the evidence was insufficient to prove (1) that the burning was intentional and (2) that he was the criminal agent. He also contends the evidence was insufficient to prove that the burned building was “occupied” and that, as a consequence he was subject, at most, to the lesser punishment contained in Code § 18.2-77(B) for the burning of an unoccupied dwelling. Finding no…