State v. Brown

COPELAND, Justice.

In defendant’s first assignment of error he contends that the trial court erred in denying his motion to dismiss the charge of burning personal property. The basis of this contention is that the State failed to present evidence, independent of defendant’s confession, which establishes that the crime of burning personal property was committed. Upon review of the evidence we agree with defendant’s contention.

The rule in this State is, “[T]he State must establish two propositions in the prosecution of a criminal charge: (1) that a crime has been committed; and (2) that it was…