West Virginia Supreme Court December 20, 1977, 13718 (State v. Jones)

*57

MilleR, Justice:

Defendants Edwin and Myrna Jones appeal their first degree arson conviction rendered in the Circuit Court of Kanawha County. They claim that at best the State’s evidence shows that they were accessories before the fact, yet the indictment did not charge such offense.

1

The crime of first degree arson is set out in

W.Va. Code,

61-3-1.