State v. Gibson

Defendant was convicted after a jury trial of arson in the first degree.1 He assigns as errors denial of his motion for judgment of acquittal, denial of his request for a jury instruction on arson in the second degree as a lesser included offense, and denial of his request for an instruction on less satisfactory evidence. Only the second assignment merits discussion. It raises two issues: (1) whether arson in the second degree is a lesser included offense under a charge of arson in the first degree, and (2) whether the evidence supported a jury instruction on arson in the second degree.

Defenda…