People v. Dlugash questions Flashcards
Aiding and abetting murder
Him shooting at a dead body did not constitute aiding and abetting but helping conceal the weapon/covering up the crime does. The jury concluded that the victim was still alive when Dlugahs shot him and was aware that he was still alive
How was aiding and abetting dismissed?
The trail court dismissed the aiding and abetting theory, thus Plaintiff cannot appeal the dismissed theory.
-The Def is conceived, the conviction is reversed b/c of defective just instruction, if prosecution won the appeal the result would be a new trial which would offend double jeopardy. IF the trail court was correct, then they could not convict him for murder but Attempt murder without a new trial.
Dead or alive?
The appellate division concluded that the People failed to prove beyond a reasonable doubt that Geller was alive. Murder conviction was thrown out. It was modified to attempted murder b/c “the uncontradicted evidence is that DEF believed him to be dead and there is no real evidence to disprove it “
Fate of putative principal murder
Bush pleaded gulity ot manslaughter in the first degree b/c
- Geller owed money to Dlugash
- Geller threatened him with a shotgun
Legal v. Factual impossibility
Fail b/c of a mistake of facts=NOT attempt
Fail b/c of fantasy/delusion=Not an attempt
What fact did Dlugash get wrong=dead person for a live poerson
Post crime activity
The facts do not indicate beyond a reasonable doubt that dlugash believed Geller to be alive when he shot him in the head five times but it is reasonable.
