State v. Gulley

ARNOLD, Judge.

“ ‘(A) defendant must be convicted, if convicted at all, of the particular offense charged in the bill of indictment.’ ” State v. Cooper, 275 N.C. 283, 286, 167 S.E. 2d 266, 268 (1969). Defendant was charged under G.S. 14-62 with burning an “uninhabited dwelling house.” The evidence presented at trial showed that Janice Watson, her son, and Roger Watson used the mobile home which was burned as their place of residence, and that they were temporarily absent, spending the Thanksgiving holiday in another state, at the time of the fire. Defendant contends that this evidence shows…