State v. Jacobs

OPINION

WOOD, Judge.

Defendant appeals his convictions of negligent arson, aggravated burglary, dangerous use of an explosive and conspiracy. We (1) state the background; and discuss (2) the evidence as to negligent arson; (3) the claimed merger of the aggravated burglary with dangerous use of an explosive; (4) whether there should have been a directed verdict on the conspiracy charge; and (5) defendant’s alleged appearance before the jury in handcuffs.

BACKGROUND

Defendant, with others in Arkansas, discussed a plan to burn down a restaurant in New Mexico. Defendant, Rice and Draper drove to…