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STATE v. HOANG

No. 60,801

243 Kan. 40 (1988)

755 P.2d 7

STATE OF KANSAS, Appellant, v. THAI DO HOANG, Appellee.

Supreme Court of Kansas.

Opinion filed April 29, 1988.

Attorney(s) appearing for the Case

Mona Furst, assistant district attorney, argued the cause, and Byron L. Sloan, assistant district attorney, Clark V. Owens, district attorney, and Robert T. Stephan, attorney general, were with her on the brief for appellant.

Benjamin C. Wood, chief appellate defender, argued the cause and was on the brief for appellee.

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][1]). 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...

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