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Criminal Law Keyed to Kennedy
State v. Martin
Citation:
573 A.2d 1359 (1990)Facts
On June 29, 1983, defendant and four others attended a party in an apartment. Defendant, who claimed he was intoxicated, stated that he had smoked marijuana and consumed four beers before the party, and four more beers and four shots of Southern Comfort at the party. An altercation happened and everyone was instructed to leave. On leaving, defendant and another vandalized a motorcycle removed the rear-view mirrors, which defendant placed outside the apartment.
Within fifteen minutes after defendant left the apartment, another guest noticed that the building was on fire. Everyone escaped, except Barbara Quartz, who had fallen asleep after drinking alcoholic beverages at the party. She died of asphyxiation due to smoke inhalation and carbon monoxide intoxication.
According to defendant, he set the fire by lighting a paper bag containing trash that he found in the hallway. He testified that he didn’t figure it would cause a fire and spread or catch on anything. He stated that he didn’t mean to hurt anyone. The State’s version of the setting of the fire differed materially from that of defendant. According to the State’s experts, the fire was set by spreading kerosene between the ground floor and the second floor.
He was convicted of felony murder. The Superior Court (New Jersey) affirmed.
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