State v. Johnson
707 P.2d 1174 (1985)
Rule Of Law
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Nature Of The Case
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Facts
A fire bomb was thrown into a mobile home occupied by Carolyn Sue Parker, her two children, a live-in babysitter, and two male friends of Parker, Mr. Cauffman and Mr. Shannon. All were asleep. They managed to extinguish the fire before the firefighters and police arrived. No one was injured. While talking to the police, Parker received a telephone call. According to Parker, the voice, whom she identified as being that of D, said, 'I missed you this time, bitch, but I'll get you next time.' D, his wife, and Ray Wells were charged as a result of the incidents. They had lived in the Parker mobile home up to a week before the incident, but had been 'kicked out' for not paying their expenses. D knew that Parker, her children, and the babysitter would likely be in the mobile home when the fire bomb was thrown, but not the two male friends. The evidence showed that Wells threw the fire bomb, but the evidence linked D as an accomplice to the act. The jury found that D helped, encouraged, or caused the crimes to be committed. D appealed from a conviction of multiple counts of attempted first-degree 'depraved mind' murder, attempted second-degree murder, and negligent arson for his role in the fire-bombing of an occupied mobile home.
Issues
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Holding & Decision
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Legal Analysis
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