Roy v. United States

652 A.2d 1098 (1994)

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Nature of the Case

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Facts

Miller was working as an informant for the Bureau of Alcohol, Tobacco, and Firearms (BATF). Miller met with D, whom he had known for several years, to discuss the purchase of a handgun and ammunition. D told Miller that he should come back later with $400 and that D would then have the weapon and two ammunition clips. Miller left and met with agents who gave him $400 in bills and equipped him with a tape recorder and a transmitter. Miller returned and found D, who was with several other people. D asked Miller if he had brought the money, and Miller showed him the bills. D then explained Miller would have to wait for D1 who was to bring the handgun. D1 arrived, and D left with another man, to remedy problems with D1's car. The three men subsequently returned, and Miller asked D, 'what was up.' D told Miller that D1 had brought the handgun and that Miller should 'go talk to D1 and get it from D1.' Miller followed D1 as D had remained at a gate to a schoolyard. D1 and Miller started the transaction and D1 eventually robbed Miller of the $400. D1 actually gave Miller the gun without getting the money, and then D1 asked for the gun back and then perpetrated the robbery. Miller signaled the agents and Ds were in custody in a few minutes. D's attorney made an oral motion for judgment of acquittal (MJOA) D was charged with armed robbery, and there was no evidence that D participated in the robbery. The judge claimed that D could be liable under two theories. In the first D actually aided and abetted the armed robbery; that is, he knowingly and intentionally participated with D1 in the armed robbery. In the second under a theory of vicarious aider and abettor liability D would be liable for armed robbery if he knowingly and intentionally aided and abetted D1 in an illegal act; that is, the sale of a gun; and whether he intended it or not, the armed robbery by D1 was the natural and probable consequence in the ordinary course of things, of the act that D aided and abetted and set in motion. D was convicted and appealed.