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Criminal Law Keyed to Dressler
State v. Linscott
Facts
On December 12, 1984, the Defendant, along with Phillip Willey (Willey), Jeffrey Colby (Colby) and Joel Fuller (Fuller), decided to drive to the house of Norman Grenier (Grenier), a reputed cocaine dealer, and rob him. The group of men was armed and knew that Grenier had made a drug sale earlier that day and as a result, had $50,000 in cash on his person. Upon arriving at Grenier’s house, the Defendant broke the living room window with his body, without otherwise entering the home. Fuller immediately fired a shot through the broken window that hit Grenier in the chest. Fuller, after having removed about $1,300 from Grenier’s body, exited through the broken window. At trial, the Defendant testified that he knew Fuller to carry a firearm on his person, but the Defendant also testified that he had no intention of causing anyone’s death during the course of the robbery. The court concluded that Grenier’s death was a reasonably foreseeable consequence of the Defendant’s participati on in the robbery, even though defendant did not have the intent to kill Grenier.
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