People v. Stewart 

Defendant was convicted of arson and aggravated arson. Evidence showed that Defendant deliberately set fire to a building's second-floor wooden landing in high winds, and the fire spread to a nearby building across the alley. Fire marshal testified that it was "absolutely" "a possibility" that the initial fire spread to the other building; thus no basis for jury to have acquitted him of aggravated arson but found him guilty of criminal damage to property, and Defendant was not entitled to an instruction on the lesser-included offense. State failed to present sufficient evidence that the secondary building was owned by someone other than Defendant, and death certificate from eight months prior to fire, listing decedent's address, was insufficient to prove arson as to that building. Defendant failed to meet his burden to prove that jury was biased against him by court's failure to question jurors about the principle that failure to testify could not be held against him. (CAHILL, concurring; GARCIA, specially concurring.)