Blackburn v. State

Carley, Judge.

Appellant was tried before a jury and found guilty of first and third degree arson. He appeals from the judgments of conviction and sentences entered on the jury’s verdict.

1. Appellant enumerates as error the trial court’s refusal to direct a verdict of acquittal as to the first degree arson count. He contends that the State did not prove that the burning of the building alleged in the first degree arson count was “accomplished without the consent of both the insurer and the insured. . . .” OCGA § 16-7-60 (a) (3).

“As we read the statute, the act is not criminal (i.e.,…