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STATE v. HEARD

105 N.J. Super. 172 (1969)

251 A.2d 464

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. KENNETH HEARD, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided March 25, 1969.

Attorney(s) appearing for the Case

Mr. Gerald T. Foley, Jr., Assistant Deputy Public Defender, argued the cause for appellant (Mr. Stanley C. Van Ness, Public Defender, attorney).

Mr. Neil S. Cooper, Assistant Prosecutor, argued the cause for respondent (Mr. Leo Kaplowitz, Union County Prosecutor, attorney).

Before Judges GAULKIN, COLLESTER and LABRECQUE.

PER CURIAM.

Defendant was convicted upon an indictment which charged that he "did willfully and maliciously set fire to a motor vehicle * * * with intent to burn the said motor vehicle," contrary to N.J.S. 2A:89-2. He appeals on three grounds: (1) "Arson was not committed because there was no burning, merely a scorching"; (2) "the judge in his charge told the jury that Heard had thrown the bomb," and (3) "the shirt which the state claimed belonged to...

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