State v. Boggs

2003 WL 22994531 (2003)

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State v. Boggs

Ohio Court of Appeals
2003 WL 22994531 (2003)

  • Written by Sharon Feldman, JD

Facts

Patrick Boggs (defendant) was married to Angela Boggs (Angela). The couple lived in a trailer with their two-year-old daughter. Boggs and Angela had an argument. Boggs struck Angela multiple times, then doused her with half of the kerosene in a five-gallon container and waved a lit cigarette lighter in front of her. Boggs followed Angela into the bathroom, struck her, and again waived a lit lighter in front of her. Boggs falsely told Angela her pants were on fire. As Angela removed her pants in a panic, she fell backwards into the bathtub. Boggs hit Angela a few more times, dumped the remaining kerosene on Angela in the bathtub, and waved the lit cigarette lighter near her. The lighter was dropped or fell into the bathtub but went out before landing in the tub. Boggs was indicted for aggravated arson, arson, felonious assault, endangering children, and domestic violence. There was testimony at trial that kerosene is flammable and the trailer would have been engulfed in flames if one or two gallons had ignited. The jury found Boggs guilty of all charges except endangering children. Boggs appealed his convictions for aggravated arson and arson, arguing that there was insufficient evidence of a fire and that a fire creating a substantial risk of harm is necessary for an arson conviction.

Rule of Law

Issue

Holding and Reasoning (O’Neill, J.)

Dissent (Ford, J.)

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