In Brown v. Allstate Insurance Co., 344 S.C. 21, 542 S.E.2d 723 (S.C. 2001), the appellate court found that the trial court's admission of evidence of Brown's "non-prosecution for arson was irrelevant and inadmissible...." Id. at 725. However, because the case was tried to the court, rather than to a jury, and there was no indication that the judge relied on the "incompetent evidence," the appellate court found the error harmless. Id. at 726. That Brown was a non-jury trial is, of course, a fact of notable import. Indeed, it was that fact on which the Brown court relied in reaching its decision that the error was harmless.