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State v. Sophophone | 19 P.3d 70 (2001)
The felony-murder doctrine doesn’t require the prosecution to show mens rea on the part of the defendant. But does it require the defendant to have actually committed the killing in question? And what if the person killed was the defendant’s partner-in-crime? The court in State versus Sophophone had to decide.
Sanexay Sophophone and three other men broke into a house to rob it. The police responding to the resident’s call saw the four men leaving the back of the house. Police officers shined a light on the men and ordered them to stop, but the men ran. An officer caught Sophophone, handcuffed him, and put him in a police car. Another officer chased Somphone Sysoumphone, one of the other burglars. The officer ordered Sysoumphone to lie on the ground and not move. Sysoumphone lay down, but then rose up and fired at the officer. The officer shot Sysoumphone, killing him.
Sophophone was charged with several crimes, including aggravated burglary and felony murder, based on the officer’s killing of Sysoumphone. Sophophone moved to dismiss the felony-murder charge. Sophophone argued that he couldn’t be convicted of felony murder of a co-felon for a killing caused by a police officer while he was in custody.
The trial court denied the motion. The jury convicted Sophophone on all counts. Sophophone appealed his felony-murder conviction to the Kansas Supreme Court.
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