Powell v. State

Hall, Judge.

In 1968 Edward Powell was indicted for the offense of arson, the charge reciting that on October 16 he “did wilfully and maliciously set fire and cause to be burned by the aiding and counseling and procuring the burning of one 1967 Buick automobile, I.D. #484397 H 108282, the personal property of Edward Lamar Powell.” Upon trial and after the State had introduced some evidence, the trial judge asked the prosecutor under exactly which code section the State was proceeding. When he answered Bode Ann. § 26-2210 (third-degree arson), the court immediately directed an…