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Criminal Law Keyed to Dressler
Kibbe v. Henderson
Facts
The Defendant and Krall met the victim in a bar. The victim had been drinking heavily, and eventually, the bartender refused to serve him any more drinks. The victim caught the Defendant’s eye because the victim had attempted to pay the bartender with a one hundred dollar bill. At some point, the victim attempted to procure a ride to Canandaigua, and the Defendant and Krall, having agreed to rob the victim, offered him a ride. The three left the bar and attempted to drink at another bar, but the victim was refused service at the second establishment. The three then visited a third bar, and the victim was served alcohol there. The three individuals then started for Canandaigua. During the trip, as Krall was driving, the Defendant demanded the victim’s money. The Defendant then forced the victim to drop his pants and remove his boots to prove he had no more money. The Defendant and Krall then abandoned the victim on an unlit, rural highway. It was a very cold night, and strong w inds were blowing recently fallen snow across the roadway. Approximately a half an hour after the victim was abandoned, Michael Blake, a college student, struck the victim with his truck. Blake stated that he saw the victim sitting in the middle of the highway, but he did not have time to react to seeing him there. The Defendant died of massive head and body injuries.
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