Montana v. Hembd

John Hembd (defendant) sat in a hotel lobby for about two hours before being asked to leave by a security guard, and hotel employees soon after found a burning Styrofoam donut wrapper on top of a heater near where Hembd had been seen leaving. The State charged Hembd with arson, and the trial court instructed the jury on four possible 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, and he appealed.