State v. Teeter

LEVINSON, Judge.

Defendant (Michael Teeter) appeals from judgment entered upon his conviction of burning a garage in violation of N.C.G.S. § 14-62 “Burning of Certain Buildings.” For the reasons that follow, we conclude his conviction must be vacated.

The relevant facts are not in dispute, and are summarized as follows: On 14 January 2002 defendant was charged with first degree arson in an indictment alleging in pertinent part that the defendant

willfully and feloniously did maliciously burn the dwelling house inhabited by Rita llene Mullis and Allie Teeter located at 405 Oakdale Avenue,…