State v. Johnson

707 P.2d 1174 (1985)

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State v. Johnson

New Mexico Court of Appeals
707 P.2d 1174 (1985)

Facts

A firebomb was thrown into a mobile home occupied by Carolyn Parker, Parker’s two children, a live-in babysitter, and two friends. The occupants were able to extinguish the fire before anyone was injured. Evidence reflected that Ray Wells threw the explosive and that Gary Johnson (defendant) and Johnson’s wife acted as accomplices, apparently because the three had recently been evicted from Parker’s mobile home. Johnson knew that Parker, Parker’s children, and the babysitter would be in the mobile home at the time of the bombing incident, but he was not aware that Parker’s two friends were present. Johnson was convicted of four counts of attempted first-degree depraved-mind murder of Parker, Parker’s children, and the babysitter, among other charges. Johnson appealed. The New Mexico Court of Appeals granted certiorari.

Rule of Law

Issue

Holding and Reasoning (Bivins, J.)

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