Burns v. State

Birdsong, Judge.

First Degree Arson. William Len Burns was convicted of first degree arson and sentenced to twenty years, eight to serve and twelve on probation. Burns brings this appeal enumerating six alleged errors. Held:

1. In his first enumeration of error, Burns urges that the state did not prove an essential element of the offense, i. e., that the burning was without the consent of both the building owner and his insurer. This argument is based upon the language of OCGA § 16-7-60 (a) (3) (Code Ann. § 26-1401) which requires that the fire damage be accomplished without the consent of both…