State v. Johnson

Davis, J.:

The defendant, Marvin W. Johnson, appeals a conviction for attempted aggravated arson, K.S.A. 21-3719; K.S.A. 1986 Supp. 21-3301.

On the night of December 27, 1985, a man threw two Molotov cocktails through the window of a building housing the law offices of Patton and Davis at 15 West 5th Avenue in Emporia, Kansas. Part of that building contained residential apartments, including one that was occupied at the time of the crime. The Molotov cocktails consisted of empty McCormick vodka bottles filled with gasoline and plugged with rags. The rags on both bottles were burned, but the…