State v. Ross

(specially concurring). I concur in the result.

Other serious questions appear in this case which should be answered to protect the State and defendants in the future. This case is one of first impression in New Mexico.

(A) Arson.

Section 40A-17-5 (A), N.M.S.A.19S3 (2nd Repl.Vol. 6) reads in part as follows:

Arson consists of maliciously or willfully starting a fire . . . with the purpose of destroying or damaging any property, whether the person’s own or another’s, to collect insurance for such loss.(1) Whoever commits arson when the value of the thing destroyed or damaged is one hundred dollars…