Friday, September 14, 2012

People v. Campbell case brief

 
  • People v. Campbell- after V committed suicide w/ a gun sold to him by ∆, ∆ was charged w/ murder. ∆ was not in Vs presence when he killed himself but he did coerce him to commit suicide before he left him drunk w/ the gun.
  • hoped that V would kill himself, but hope alone does not effectuate the intent needed for murder.
    • did not have any present intent to kill (He wants him dead but he did not kill)
    • This cannot be homicide b/c this is suicide
    • Hypo: what if one says “kill yourself or I’ll kill you” suicide under duress or force so that equals a homicide
    • Language of the statute matters-
      • Is ∆ guilty of recklessly killing V; but that contradicts courts conclusion that there was no causation
    • Is this a regular homicide???
      • supplies the weapon, he has a motive to kill, the V is drunk so many facts that point to intention of ∆
      • If ∆ was in the room it would have clearly been homicide

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