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State v Hokenson
S. Ct. Id. 1974
Author:- Sam Biers
Criminal
Facts: Mr. Hokeson called the store owner and requested he meet at the pharmacy in order to fill a prescription, around 7 p.m. Defendant entered the store wearing a gas mask and carrying a sack close to his shoulder. A struggle ensued and the defendant stated he had a bomb in the bag. The store owner’s wife went to call the police and get a gun. Mr. Dean threw the bag away from the defendant, who then produced a knife and threaten Mr. Dean directly. Mr. Dean wrestled it away as well. Officer Flavel entered and placed the defendant in custody. Shortly thereafter Officer Flavel attempted to dismantle the bomb by “pulling wires,” the bomb exploded killing the Officer.
Issue: Does the verdict support a conviction of guilty based upon the evidence?
Holding: Yes.
Procedure: Jury found defendant guilty of murder in the first degree, sentenced to life. Judgment affirmed.
Rule: Murder 1) committed purposely, or knowingly; or 2) committed recklessly under circumstances manifesting extreme indifference to the value of human life; presumed if actor is engaged or is an accomplice in the commission of, or an attempt ot commit, or flight after committing or attempting to cmmit robbery, rape, or deviate sexual intercourse by force, threat of force, arson, burglary, kidnapping, or felonious escape, 3) murder is a felony of the first degree, but a person convicted of murder may be sentenced to death.
Reasoning: Defendant entered the store with a handmade bomb and a knife with the intent to commit robbery. The detonation of the bomb was a natural and probable consequence of the defendant’s unlawful acts he set in motion which had the real probability of causing great bodily harm. Defendant, while under arrest, is not absolved of criminal liability because the killing and the felony were part of one continuous transaction.