Sund v. State

Defendant-appellant Sund was charged with First Degree Arson. Following trial by jury, he was convicted of Fourth Degree Arson and was sentenced to a term of imprisonment for not less than one nor more than five years.

Upon appeal, Sund argues:(1) That the crime of which he was convicted, Fourth Degree Arson, is not an offense necessarily included within First Degree Arson as defined by IC 35-16-1-1, Ind. Ann. Stat. § 10-301 (Burns 1974 Supp.) nor is it a lesser included offense of First Degree Arson, as the latter crime was specifically charged in this instance; and(2) That the evidence…