Lowry v. State

I agree with the majority that error occurred during the prosecution of Michael Lowry for arson, first-degree stalking, and eleven counts of violation of a protection order and that the case should be remanded for a new trial. I respectfully dissent, however, from the majority’s conclusion that the evidence was sufficient to support Lowry’s convictions for arson and first-degree stalking.

In arson cases, the State must overcome the common-law presumption against arson, which requires that the State must prove not only a burning, but also that the burning was by the willful act of some person…