State v. Nipper

WYNN, Judge.

A defendant may be properly charged with arson when he burns an outbuilding within the curtilage of an inhabited house.1 In this case, Defendant argues that he was erroneously indicted for arson under section 14-58 of the North Carolina General Statutes when he should have been charged for burning an outbuilding under section 14-62. Because the outbuilding burned was located within the curtilage of the house, we hold that Defendant was properly indicted and convicted for the first-degree arson.

The facts pertinent to this case indicate that following an altercation with his…