Sunday, November 17, 2013

State v. Peterson case brief

State v. Peterson case brief summary
4 N.W.2d 826 (1942)

Defendant appealed her conviction and denial of her motion for a new trial from an order of the District Court for Hennepin County (Minnesota) for the crime of arson in the second degree.

Defendant was in the hospital when her alleged accomplice set fire to her home. According to the accomplice, defendant had over-insured the house and belongings in preparation for the fire. However, defendant argued that she never planned the fire but even if she had that she withdrew from the crime before it occurred. Defendant had sent a third party to the house to drive defendant to the hospital to see her the day of the fire, but the accomplice refused the ride and set the fire instead.

  • The court reversed defendant's conviction. 
  • The court found that there was enough evidence to show that defendant had withdrawn from the conspiracy to commit arson before the event occurred because she had sent the third party to induce her accomplice to leave the premises before he set the fire. 
  • By withdrawing, defendant avoided criminal responsibility. 
  • Defendant, who allegedly procured, counseled, or commanded the accomplice to commit the crime could withdraw before the act was done and avoid criminal responsibility by communicating the fact of her withdrawal to the accomplice who was to commit the crime. 
  • The accomplice was solely criminally responsible for the fire, which he set.

The court reversed the judgment of the trial court.

Recommended Supplements for Criminal Law

No comments:

Post a Comment

Search Thousands of Case Briefs and Articles.