Citation18 M.J. 440; 1984 CMA View this case and other resources at: Brief Fact Summary. The Defendant was convicted of aiding and abetting a foreigner’s crime of taking employment during his stay in Britain – to wit, playing saxophone at a music hall – contrary to a government ordinance respecting aliens. Synopsis of Rule of Law. The Defendant aided and abetted a visiting musician in contravening a government ordinance against aliens taking up employment when he encouraged musicians unlawfulness by purchasing a ticket to his performance and using the performance as cop ...
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State v. Hayes
Citation View this case and other resources at: Brief Fact Summary. The Defendant, Hayes (Defendant), was convicted of burglarizing a general store. The Defendant’s accomplice in the burglary, a relative of the store owners, only participated so that the Defendant could be caught in the act and had no actual intent to rob the store. Synopsis of Rule of Law. The actions of one accomplice cannot be imputed, for purposes of criminal liability, to another accomplice if the original accomplice is merely feigning cooperation and lacks the requisite intent to commit a crime. ...
People v. Russel
Citation View this case and other resources at: Brief Fact Summary. Three Defendants, Russel and two others (Defendants), who engaged in outdoor gun battle that resulted in the death of a passer-by, were all charged with murdering that individual, despite the fact that only one of the Defendant’s had fired the bullet that hit the passer-by. Synopsis of Rule of Law. Three defendants may be charged for the murder committed by only one of them where there is evidence that each defendant “intentionally aided” the defendant who actually fired the fatal bullet. ...
United States v. Xavier
Citation View this case and other resources at: Brief Fact Summary. The Defendant, Xavier (Defendant), procured a firearm for his brother, a convicted felon and as a result was convicted of aiding and abetting an ex-felon’s possession of a firearm, a crime under federal law. Because Defendant’s brother was an ex-convict, Defendant violated federal gun laws by procuring a firearm for him. Synopsis of Rule of Law. Unless a defendant has knowledge or cause to believe that the individual for whom he has procured a firearm is an ex-felon, he cannot be held criminally responsible un ...
State v. McVay
Citation157 Wn. App. 1004 (Ct. App. 2010) [2010 BL 170312] Brief Fact Summary. The Defendant, McVay (Defendant), was charged as accessory before the fact in a larger manslaughter prosecution arising out of an explosion that occurred on a Newport-bound steamer which killed several passengers. Synopsis of Rule of Law. A defendant may be charged as accessory before the fact even in manslaughter crimes where the resulting harm is not intentional. ...
State v. Gladstone
Citation152 Wn.2d 1017 (2004) Brief Fact Summary. The Defendant, Gladstone (Defendant), who offered the name and address of local drug dealer to a prospective buyer, was convicted of aiding and abetting another individual in the unlawful sale of marijuana. Synopsis of Rule of Law. In order to be convicted of having aided and abetted a criminal offense, it must be shown that defendant did something in association or connection with the principal offender to accomplish the crime. ...
People v. Dlugash
Citation22 Ill.41 N.Y.2d 725, 395 N.Y.S.2d 419, 363 N.E.2d 1155 (1977) Brief Fact Summary. The Defendant, Dlugash (Defendant), was convicted of murder. He challenged the conviction on the basis that the victim was already deceased when Defendant fired a round of bullets at his head. Synopsis of Rule of Law. A person can be convicted of attempting to commit a crime even though, if effected, it would not actually constitute a criminal offense. ...
Hicks v. United States
Citation22 Ill.131 S. Ct. 51, 177 L. Ed. 2d 1139 (2010) [2010 BL 188636] Brief Fact Summary. The Defendant, Hicks (Defendant), was jointly indicted with another man on one count of murder. Defendant had been present when his companion (co-defendant) shot and killed a man at the conclusion of a discussion. Defendant then rode off on horseback with co-defendant after the shooting. Defendant was subsequently captured and convicted of murder. Synopsis of Rule of Law. The presence of another person at the scene of a murder who does not assist in carrying out the murder is not sufficient to impl ...
State v. Davis
Citation22 Ill.319 Mo. 1222, 6 S.W.2d 609 (1928) Brief Fact Summary. The Defendant, Davis (Defendant), was convicted of attempted murder for hiring someone to kill another man so that he could collect the insurance money. The man he hired to do the killing was actually an undercover police officer who never intended to carry out the crime. Synopsis of Rule of Law. Mere acts of preparation, failing to lead directly or proximately to the completion of a crime, cannot sustain a conviction for an “attempt” crime. ...
People v. Jaffe
Citation22 Ill.185 N.Y. 497, 78 N.E. 169 (1906) Brief Fact Summary. The Defendant, Jaffe (Defendant), was convicted of attempting to receive stolen property, but challenged his conviction on the basis that the property – twenty yards of cloth – was not, in fact, stolen at the time he purchased it. Synopsis of Rule of Law. A person may not be convicted of attempting to commit a crime, if the crime itself, if completed, would not be a criminal offense. ...
McQuirter v. State
Citation22 Ill.36 Ala. App. 707, 63 So. 2d 388 (Ct. App. 1953) Brief Fact Summary. The Defendant, McQuirter (Defendant) a black man, was convicted of attempted rape. The Defendant was witnessed by a white woman following her down a road. After his arrest, the Defendant also allegedly confessed to the police that he intended to rape her. Synopsis of Rule of Law. The element of intent is a question for the jury, who may consider social conditions and customs founded upon racial differences in determining whether a defendant intended to commit a particular crime. ...
United States v. Jackson
Citation22 Ill.835 F.2d 1195 (7th Cir. 1987) Brief Fact Summary. Defendant, Jackson, robbed a bank after he was released from prison on a work release program. Jackson had just finished serving two conviction sentences for robbery. He was sentenced to life in prison under a statute which provided that anyone with three previous felony convictions for robbery or burglary (or both) who possesses a firearm shall be imprisoned not less than fifteen years without the possibility of parole. Jackson had been previously convicted of four armed bank robberies and one armed robbery. Synopsis of Rule ...
Smallwood v. State
Citation22 Ill.343 Md. 97, 680 A.2d 512 (1996) Brief Fact Summary. The Defendant, Smallwood, a knowingly HIV-positive individual (Defendant), was convicted of attempted murder of three rape victims for sexually assaulting them without using a condom. Synopsis of Rule of Law. The mere act of having unprotected sex with another person, knowing that one is HIV positive, is not sufficient to support an inference of an intent to kill. ...
People v. Rizzo
Citation246 N.Y. 334, 158 N.E. 888 (1927) Brief Fact Summary. The Defendant, Rizzo and three others (Defendant), were convicted of attempted robbery, despite the fact they were caught by police prior to ever coming within the vicinity of the person they allegedly attempted to rob at gunpoint. Synopsis of Rule of Law. An “attempt” to commit a crime is not proven unless a defendant’s actions come very near to the actual accomplishment of the attempted crime. ...
State v. McFadden
Citation22 Ill.320 N.W.2d 608 (Iowa 1982) Brief Fact Summary. The Defendant, McFadden (Defendant), was convicted of two counts of involuntary manslaughter arising out of his participation in a drag race. A fatal collision occurred when the individual against whom the Defendant was racing swerved into an oncoming lane of traffic, killing himself and a passenger in another vehicle. Synopsis of Rule of Law. A defendant may be held criminally liable for the death of another where there is evidence that defendant’s conduct was a proximate cause of the resulting death. ...
Commonwealth v. Atencio
Citation22 Ill.345 Mass. 627, 189 N.E.2d 223 (1963) Brief Fact Summary. The Defendants, Atencio and another individual (Defendants), were convicted of manslaughter arising out of the death of their companion who fatally shot himself in the head during a game of “Russian roulette.” Synopsis of Rule of Law. A person is criminally liable for the death of another where he cooperates in a reckless activity that brings about the death of another participant. ...
Stephenson v. State
Citation22 Ill.205 Ind. 141 (1932) Brief Fact Summary. A woman, who had been kidnapped by the Defendant, Stephenson (Defendant), committed suicide with a poison pill evidently in order to forego facing further physical and emotional abuse, including attempted rape, from her kidnapper. Synopsis of Rule of Law. A homicide is committed where an intervening actor who causes the fatal blow is rendered irresponsible as a result of defendant’s unlawful conduct. ...
Commonwealth v. Root
Citation22 Ill.403 Pa. 571, 170 A.2d 310 (1961) Brief Fact Summary. The Defendant, Root (Defendant), was found guilty of involuntary manslaughter for the death of man against whom he was competing in a car race on a highway. The decedent was killed when he swerved into a lane of oncoming traffic in order to pass Defendant’s car. Synopsis of Rule of Law. The crime of involuntary manslaughter requires both reckless conduct on the part of the defendant and that that recklessness was the direct cause of the resulting death. ...
People v. Campbell
Citation22 Ill.124 Mich. App. 333, 335 N.W.2d 27 (Ct. App. 1983) Brief Fact Summary. The Defendant, Campbell (Defendant), encouraged the victim to commit suicide and offered him his own gun with which to do so. The victim, who had been drinking heavily with Defendant, fatally shot himself once Defendant had left. Synopsis of Rule of Law. Encouraging another person to kill himself and creating conditions to more readily facilitate that person in taking his life, does not rise to the level of intentional murder. ...
People v. Kevorkian
Citation22 Ill.447 Mich. 436, 527 N.W.2d 714 (1994) Brief Fact Summary. The Defendant, Kevorkian (Defendant), was indicted on two counts of murder for assisting in the deaths of two women. The women had come to Defendant in order to use his “suicide machine” – a device that allowed a person to take their own life in a calm, painless manner. Synopsis of Rule of Law. Intentionally providing the means by which another person commits suicide does not rise to the level of murder. ...
People v. Acosta
Citation22 Ill.232 Cal.App.3d 1375, 284 Cal.Rptr. 117 (Ct. App. 1991) Brief Fact Summary. Two police helicopters, assisting in the high-speed pursuit of the Defendant, Acosta’s (Defendant) automobile, collided with each other, resulting in the deaths of three people. Defendant was convicted on three counts of second degree murder on the basis that his actions in evading police caused the helicopter collision. Synopsis of Rule of Law. Defendant’s conduct was a proximate cause of the helicopter collision insomuch as it was a foreseeable consequence that he might reasonably have c ...
People v. Arzon
Citation22 Ill.92 Misc. 2d 739, 401 N.Y.S.2d 156 (Sup. Ct. 1978) Brief Fact Summary. The Defendant, Arzon (Defendant), was charged with the murder of a fireman who had received fatal injuries when, responding to an arson that Defendant committed, he encountered a separate arson fire in the same building. Synopsis of Rule of Law. An individual is criminally liable for the death of another if his conduct is a sufficiently direct cause of death that could have been reasonably foreseen as a consequence of his actions. ...
Gregg v. Georgia
Citation22 Ill.428 U.S. 153, 96 S. Ct. 2909, 49 L. Ed. 2d 859 (1976) Brief Fact Summary. A jury imposed the death sentence on Gregg (Defendant), after finding him guilty on charges of armed robbery and murder. Synopsis of Rule of Law. Capital punishment does not violate the Eighth or Fourteenth amendments of the United States Constitution provided it is set forth in a carefully drafted statute that ensures the sentencing authority has adequate information and guidance in reaching its decision. ...
McCleskey v. Kemp
Citation22 Ill.481 U.S. 279, 107 S. Ct. 1756, 95 L. Ed. 2d 262 (1987) Brief Fact Summary. McCleskey (Defendant) was sentenced to death for his role in an armed robbery, which resulted in the murder of a police officer. He challenged his sentence on the ground that it was imposed because he was black. Defendant provided statistical evidence that blacks disproportionately received death sentences when the murder victim was white. Synopsis of Rule of Law. Statistical evidence showing that one racial group receives a disproportionate amount of death sentences, as opposed to other groups, is not s ...
State v. Canola
Citation22 Ill.73 N.J. 206, 374 A.2d 20 (1977) Brief Fact Summary. The defendant, along with three confederates, was in the process of robbing a store when a victim of the robbery, attempting to resist, fatally shot one of the defendant’s co-felons. The defendant was convicted of murder under a felony-murder theory. Synopsis of Rule of Law. The Supreme Court of New Jersey holds that the doctrine of felony-murder does not extend to situations where someone is killed as a result of the commission of the felony, but not by an act directly attributed to the felon. ...