People v. Billa

79 P.3d 542 (2003)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

D purchased a truck and insured it for physical damage. D and two others, including Manoj Bhardwaj, drove D's truck and the third person following in a car. They intended to burn D's truck and obtain the insurance proceeds. D drove his truck onto a gravel road and stopped about two-tenths of a mile down the road around a bend. The three set the truck on fire, using either kerosene or diesel fuel. Bhardwaj's clothing became saturated with the fuel. Bhardwaj's clothing caught fire, and he was severely burned. He died from those injuries. D was convicted of second-degree murder. The trial court had instructed the jury solely on the felony-murder rule as a basis for finding defendant guilty of murder. The Court of Appeal modified the judgment and affirmed it as modified holding that D was properly convicted of Bhardwaj's murder under the felony-murder rule. D appealed.