Hicks v. United States

Hicks (defendant) and Colvard were riding together when they encountered Rowe, who raised and lowered his rifle at Colvard twice while Hicks laughed; Hicks then told Colvard to "take off your hat, and die like a man," after which Rowe raised the rifle a third time and shot Colvard dead, and Hicks rode off with Rowe. Hicks testified he had actually tried to discourage Rowe and only fled out of fear for his own life. The trial judge instructed the jury that mere presence was insufficient for guilt, but that presence combined with words having the effect of encouraging the killing would be presumed intentional, and that presence alone with an unexecuted purpose to aid could also suffice; Hicks was convicted and appealed.