State v. English

WELLS, Judge.

Defendant has brought forward three assignments of error, challenging the sufficiency of the evidence and the admission of evidence. We overrule two of defendant’s assignments of error, but find merit in one of them and accordingly award a new trial.

Defendant first assigns as error the trial court’s denial of his motion to dismiss. North Carolina retains the common law definition of arson. Hence, to establish arson, the State must prove a “willful and malicious burning of the dwelling of another person.” State v. Eubanks, 83 N.C. App. 338, 349 S.E.2d 884 (1986). Differing degrees…