| STATE OF NORTH CAROLINA v. CLYDE | | | | mobile and manufactured housing, and it is equally |
| GILBERT HODGE | | | | clear that it did not intend to remove that |
| COURT OF APPEALS OF NORTH CAROLINA | | | | protection when, in 1979, it amended G.S. § |
| December 19, 1995, Filed | | | | 14-58 and G.S. § 14-58.2 to classify the crime of |
| Facts: | | | | arson in separate degrees for sentencing |
| A jury found defendant guilty as charged and a | | | | purposes. It is certainly common knowledge that |
| judgment was entered upon the verdict imposing | | | | many of our citizens inhabit mobile homes and |
| an active twelve year prison sentence. Defendant | | | | manufactured housing and we hold the words |
| appeal. | | | | "dwelling" and "dwelling house" apply to those |
| Issue: | | | | structures as surely as those made of lumber and |
| - Whether the intentional burning of an | | | | brick. Therefore, we hold that the malicious and |
| unoccupied mobile home constitutes the crime of | | | | willful burning of a mobile home which is used as a |
| second degree arson? | | | | dwelling and which is unoccupied at the time of |
| The Court states that "Arson is defined at | | | | the burning constitutes second degree arson." |
| common law as the "willful and malicious burning | | | | Hence Defendant's assignments of error are |
| of the dwelling house of another person. Second | | | | overruled. |
| degree arson is defined as the willful and malicious | | | | Disclaimer: |
| burning of the dwelling of another which is | | | | These summaries are provided by the SRIS Law |
| unoccupied at the time of the burning. It is clear | | | | Group. They represent the firm's unofficial views |
| that the intent of the Legislature in enacting G.S. | | | | of the Justices' opinions. The original opinions |
| § 14-58.1 and G.S. § 14-58.2 was to extend | | | | should be consulted for their authoritative content. |
| protection against willful and malicious burning to | | | | |