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State v. Foster

Supreme Court of Connecticut

522 A.2d 277 (1987)

Relevant factsFree

Michael Foster's (defendant) girlfriend was robbed and assaulted at knifepoint. Foster and a friend, Cannon, went looking for the attacker and found a man matching the description, William Middleton, near the scene; they beat him, and Middleton denied involvement. Foster handed Cannon a knife and told him to hold Middleton there until Foster could return with his girlfriend to identify him, then left. Middleton charged at Cannon, who fatally stabbed him; Middleton was later confirmed as the actual attacker. Foster was convicted as an accessory to criminally negligent homicide and moved for acquittal, arguing the charge was a logical impossibility.

IssueFree

Whether a defendant may be convicted as an accessory to a criminally negligent act when he had the requisite mens rea for the act and intentionally aided another in committing it.

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