People v. Keefer

65 Cal. 232, 3 P. 818 (Cal. 1884)

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Nature of the Case

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Facts

Lee Yuen was killed by Chapman. Keefer (D) was found to be an accomplice liable for the murder. The evidence showed that D encouraged Chapman to tie Lee up, but that Chapman's act in killing the deceased was an independent act. Chapman's act of killing was not incidental to the tying up and was not aided or encouraged by D. D claims that because he did not aid in the killing, and because the death was not incidental to, or committed in furtherance of, an act which D did encourage, he could not be guilty of the murder. The court refused to instruct the jury that if they believed D, they must find him not guilty. D was convicted of murder and appealed.