State v. Long

It is an essential element of the common law crime of arson that the burning was done or caused maliciously. S. v. Laughlin, 53 N.C. 455; S. v. Porter, 90 N.C. 719; S. v. McCarter, 98 N.C. 637, 4 S.E. 553; 4 Am. Jur., Arson, Sec. 2; 6 C.J.S., Arson, Sec. 1; Wharton’s Crim. Law, 12 Ed., Vol. 2, Sections 1051 and 1059; Miller's Crim. Law (Hornbook Series), p. 323; Curtis, The Law of Arson, Sections 1 and 68.

As a general rule an indictment for the common law crime of arson must allege that the burning was done maliciously. The omission to so charge is a fatal defect. D’Allesandro v. Tippins, 101…