Lynch v. State

DISSENTING

WHITE, J. —

Whether or not an unsuccessful attempt such as Lynch made to burn a dwelling house constitutes first degree arson will soon be a matter of no more than historical interest in Indiana. As to incidents occurring on and after October 1, 1977, “a person who, by means of fire . . . knowingly or intentionally damages: (1) a dwelling house of another person without his consent; . . . commits arson, a Class B felony . . . .” Ind. Ann. Stat. § 35-43-1-1 (Burns 1977 Supp.). But for Lynch and those few persons who, like him, before October 1,1977, may have splashed a burning liquid…