State v. Cockerham

WYNN, Judge.

Under N.C. Gen. Stat. § 14-49(a), a defendant may be charged with willfully and maliciously injuring another by use of an explosive or incendiary device if there is at least “some probability” that the subject device, compound, formulation or substance was capable of being used for destructive, explosive or incendiary purposes. See also N.C. Gen. Stat. § 14-50.1. Because there was “some probability” under the circumstances of this case that defendant planned to use the gasoline thrown on his victim as an explosive or incendiary device, we uphold his conviction for violating N.C.…