State v. Thai Do Hoang

The opinion of the court was delivered by

McFarland, J.:

This is an appeal by the State from the dismissal of a complaint (K.S.A. 1987 Supp. 22-3602[b][l]). At issue is the propriety of the district court’s dismissal based on its determination that the first-degree felony-murder statute (K.S.A. 21-3401) does not apply where the individuals accidentally killed during the commission of the felony of arson are accomplices of the individual charged with felony murder.

For the purposes of this appeal, the facts may be summarized as follows. A Vietnamese woman hired defendant Thai Do Hoang to burn…