People v. Kibbe,

321 N.E.2d 773 (1974)

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Nature of the Case

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Facts

D and his codefendant encountered an intoxicated man named Stafford at a bar and then decided to rob him after Stafford displayed $100 bills. D agreed to drive him to a nearby town and while in the car slapped Stafford, took his money then abandoned him on an unlighted rural road in a state of partial undress and without his coat or his glasses. The temperature was near zero and visibility was obscured by blinding snow and snow banks flanked the roadway. An hour later Stafford was struck by a speeding pickup truck. Stafford was seated in the traffic lane about a quarter of a mile from the nearest lighted building. The driver testified that while he was traveling 50 in a 40 zone, the approaching cars flashed their lights. Immediately after those cars passed the driver saw Stafford and hit him. Stafford was pronounced D.O.A. Kibbe was convicted of grand larceny, robbery, and second-degree murder. D argued that the negligence of the truck driver caused the death and not D. No charge to the jury was given with respect to the requirement of the statute that D's conduct thereby caused the death of another. D appealed.