State v. Sophophone
Supreme Court of Kansas
19 P.3d 70 (2001)
Relevant factsFree
Sophophone (defendant) and three accomplices broke into an occupied residence, and police responded. While an officer restrained one accomplice, Sysoumphone, on the ground, Sysoumphone fired at the officer, who returned fire and killed him. The state charged Sophophone with felony-murder for Sysoumphone's death, which was caused not by a co-felon but by the lawful act of a police officer.
IssueFree
Whether the felony-murder rule applies when the killing during the underlying felony is a lawful act performed by a non-felon.