State v. Martin

573 A.2d 1359 (1990)

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Nature of the Case

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Facts

Martin (D) and four others attended a party on the third floor of a three-floor apartment building. D claimed he had smoked marijuana, consumed at least 8 beers and 4 shots of Southern Comfort. An altercation developed with the group that D was with and the owner of the apartment decided to ask everyone from D’s group to leave. D and one of his party vandalized a motorcycle they had thought belonged to the guest they were in an altercation with. About 15 minutes later, guests notice that the apartment house was on fire. Everyone escaped except Barbara who had fallen asleep after being drunk at the party. She died of asphyxiation and carbon monoxide intoxication. D claimed he set fire to the building by lighting a paper bag containing trash in the hallway by the door. D claimed that he intentionally lit the fire but did not want it to spread or to catch anything. The state’s version was that the fire was spread by spreading kerosene between the ground floor and the second floor. D was found guilty of felony murder, arson, and aggravated arson. The Appellate Division affirmed. This appeal resulted.