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Quote from: EMAWmeister on February 10, 2013, 07:51:42 PMQuote from: emawblast on April 24, 1974, 11:58:41 AM was this a fire that they intentionally set with the purpose of #burningitdown?or just completely negligent behavior that led to a fire?My thought is that it was a prank that led to a death.Not a lawyer but I don't think felony murder would be the charge for a prank gone wrong.Quote Felony murder rule (Kansas)For the felony murder rule in all U.S. jurisdictions, see felony murder rule.In the state of Kansas, the common law felony murder rule has been codified in K.S.A. 21-3401. The statute defines first degree murder as, among other things, homicide in the commission of, attempt to commit, or escape from an inherently dangerous felony. Inherently dangerous felonies are defined in K.S.A. 21-3436 and include armed robbery, arson, and aggravated burglary.[1]Judicial interpretationsIn the case State v. Hoang, 243 Kan. 40 (1988), the Supreme Court of Kansas held that the accidental death of a co-felon during the commission of arson could support a felony murder conviction.[2]In the case State v. Sophophone, 270 Kan. 703 (2001), the Supreme Court of Kansas held that a felony murder conviction could not be supported if the co-felon was killed by lawful attempts at apprehension by a police officer.[3]
Quote from: emawblast on April 24, 1974, 11:58:41 AM was this a fire that they intentionally set with the purpose of #burningitdown?or just completely negligent behavior that led to a fire?My thought is that it was a prank that led to a death.
was this a fire that they intentionally set with the purpose of #burningitdown?or just completely negligent behavior that led to a fire?
Felony murder rule (Kansas)For the felony murder rule in all U.S. jurisdictions, see felony murder rule.In the state of Kansas, the common law felony murder rule has been codified in K.S.A. 21-3401. The statute defines first degree murder as, among other things, homicide in the commission of, attempt to commit, or escape from an inherently dangerous felony. Inherently dangerous felonies are defined in K.S.A. 21-3436 and include armed robbery, arson, and aggravated burglary.[1]Judicial interpretationsIn the case State v. Hoang, 243 Kan. 40 (1988), the Supreme Court of Kansas held that the accidental death of a co-felon during the commission of arson could support a felony murder conviction.[2]In the case State v. Sophophone, 270 Kan. 703 (2001), the Supreme Court of Kansas held that a felony murder conviction could not be supported if the co-felon was killed by lawful attempts at apprehension by a police officer.[3]
http://www.kansas.com/2013/04/17/2766299/two-plead-guilty-in-arson-that.html
Why are the feds handling this? I don't see the federal hook for jurisdiction.
