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Criminal Law Keyed to Johnson
State v. Hoang
Facts
Thai Do Hoang (Defendant) was paid $1,000 to burn down a building. Defendant hired three assistants, Dung Anh Tran, Thuong Nguyen, and Soubong. The four men went to the building, and Defendant broke one of the windows. Dung and Thuong entered, and Defendant gave them two gasoline containers through the window, though he stayed outside. Shortly thereafter, Defendant saw flames and smoke inside the building. Defendant waited for the other men to come back. However, upon hearing sirens drawing near, Defendant left. Dung’s body was found badly burned, and Thuong, also found in grave condition, later died of smoke inhalation. Pour patterns, as well as the gasoline cans and other evidence, established that the cause of the fire was arson, and Defendant was arrested the next day. Defendant confessed to his role in the arson. Defendant was charged with burglary, arson, and two counts of felony murder. The Kansas felony-murder statute provides, “[m]urder in the first degree is the killing of a human being committed maliciously, willfully, deliberately and with premeditation or committed in the perpetration or attempt to perpetrate any felony.” The trial judge dismissed the felony murder counts. The State appealed.
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