State v. Eubanks

HEDRICK, Chief Judge.

The only assignment of error defendant argues in his brief is that the evidence is insufficient to support the conviction for second degree arson. Arson is defined at the common law as the willful and malicious burning of the dwelling house of another person. Under G.S. 14-58, if the dwelling burned was unoccupied at the time of the burning, the offense is arson in the second degree.

For a burning to be “willful and malicious” in the law of arson, it must simply be done voluntarily and without excuse or justification and without any bona fide claim of right. An intent or…