U.S. v. McBride

Federal 7th Circuit Court
Criminal Court
Arson
Citation
Case Number: 
No. 12-3320
Decision Date: 
July 26, 2013
Federal District: 
C.D. Ill.
Holding: 
Affirmed and reversed in part and remanded
Record failed to contain sufficient evidence to support defendant’s arson conviction arising out of defendant’s confession that he burned down building that housed his business by setting gasoline fire because he was tired of running his business. Ct. rejected govt.’s theory of case, i.e., that use of accelerant by defendant constituted arson per se, and noted that record failed to contain any evidence that defendant “maliciously” damaged said building, where record was silent as to both ownership of building that housed his business, as well as danger that fire posed to any other structure.