State v. Myers

Moore, Justice:

The State appeals the trial court's granting of respondent Lee Myers’s motion to amend the indictment. We reverse and remand.

FACTS

Myers began working as a crew member on the boat, “Wandering Star,” for Ken Beaehum in December 1991. On December 3rd or 4th, the boat burned. Myers was indicted for second-degree arson under S.C. Code Ann. § 16-11-110(B) (1985) and larceny. Myers moved to quash the arson indictment on the ground the boat was not a “dwelling house” within the meaning of the statute or in the alternative to amend the indictment to charge the offense of arson of…