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Question
A tenant had permission to enter a neighbor's apartment to feed a cat while the neighbor traveled. The tenant entered during the evening intending to feed the cat. Once inside, he became angry about a past dispute and lit the neighbor's curtains on fire. The curtains burned completely, and flames charred part of a wooden window frame before sprinklers extinguished the fire. The apartment was in a building where the neighbor lived year-round.
The tenant argues that he cannot be guilty of burglary because he had permission to enter and formed the intent to burn only after entering. He also argues that he cannot be guilty of common-law arson because the building did not burn down.
Analyze the tenant's liability for burglary and arson under common-law principles and note how modern statutes might alter the analysis.