State v. Arnold

MOORE, Justice.

The sole question presented to this Court is whether the defendant can be lawfully convicted of the felony of attempt to commit arson (G.S. 14-67) on an indictment charging him with arson.

Arson is not defined by our statutes but is a common law offense. State v. Long, 243 N.C. 393, 396, 90 S.E. 2d 739, 741 (1956). See State v. Ingland, 278 N.C. 42, 49, 178 S.E. 2d 577, 581 (1970). By G.S. 14-58 arson is made a felony.

Defendant contends that there can he no lesser included offense of an attempt to commit arson under a bill of indictment for arson. Contrary to this contention,…