People v. Campbell

124 Mich. App. 333, 335 N.W.2d 27 (1983)

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Nature of the Case

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Facts

About two weeks before, D caught the deceased in bed with D's wife. D and deceased were drinking heavily and conversing. At one-point, D encouraged deceased to kill himself for having sex with D's wife. Deceased told him he had no weapon and D offered to sell him his own for any price. The deceased indicated he did not want to buy a gun, but D continued to encourage him to purchase a gun, and alternately ridiculed him. D and the deceased then drove to D's parent's home to get the weapon, leaving the deceased's girlfriend, alone. Even though she knew of the plan, she did not call anyone during this period of time. She indicated she thought D was saying this to get a ride home. D and the deceased returned in about 15 minutes with the gun and five shells. The deceased told his girlfriend to leave with D because he was going to kill himself. He put the shells and the gun on the kitchen table and started to write a suicide note. After they left, D told the girlfriend not to worry, that the bullets were merely blanks and that he wouldn't give him real bullets. D also told the girlfriend that the firing pin doesn't work'. The girlfriend indicated that both D and deceased were about equally intoxicated at this point. The deceased's blood alcohol was found to be .26%. Deceased killed himself. D was charged with murder for providing the gun. D moved the quash the information and dismiss on the grounds that providing a weapon to a person who subsequently commits suicide does not constitute the crime of murder. The circuit court denied the motion and granted leave to appeal.