Bell v. State

Birdsong, Judge.

Charles Edward Bell was indicted for arson in the first degree, and on a second count for felony murder, arising out of a fire in an abandoned warehouse in which firefighter Scott Duncan died. A mistrial was declared as to Count 2, felony murder; a verdict of guilty was returned as to Count 1, arson in the first degree. Bell appeals. *673Held:

1. Appellant contends this verdict of guilty as to Count 1 arson in the first degree is fatally infected, and not a lawful verdict. At the end of the first day of deliberation, the jury sent the trial judge a written message stating that it…