People v. Kauffman

William Kauffman (defendant) joined five other men, several armed with revolvers, in a conspiracy to rob a cemetery safe, carrying nitroglycerin himself while the group also carried burglary tools; finding the site guarded, they aborted the robbery and split into smaller groups while walking back, and although Kauffman objected to a suggestion to burglarize an alternate location, as the group encountered a policeman during their retreat, one of Kauffman's co-conspirators, confronted by the officer, shot and killed him. Kauffman was tried separately and convicted of second-degree murder, and he appealed, arguing insufficient evidence supported his guilt for a shooting he did not personally commit.