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Montana v. Hembd

Montana Supreme Court
197 Mont. 438 (1982)


Facts

John Hembd (defendant) sat in the lobby of a hotel for approximately two hours and was asked to leave by a security guard. Hotel employees then saw Hembd leaving an area near the outside of the hotel. The employees found a Styrofoam donut wrapper burning on top of a heater next to the wall. The State of Montana (plaintiff) charged Hembd with arson. The trial court instructed the jury on four alternate verdicts: felony negligent arson, attempted felony negligent arson, misdemeanor negligent arson, and attempted misdemeanor negligent arson. The jury convicted Hembd of attempted misdemeanor negligent arson. Hembd appealed.

Rule of Law

Issue

Holding and Reasoning (Sheehy, J.)

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