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Criminal Law Keyed to Capers
People v. Kibbe
Citation:
321 N.E.2d 773 (1974)Facts
During the early evening the defendants were drinking in a Rochester tavern along with the victim, George Stafford. At some time between 8:15 and 8:30 p.m., Stafford inquired if someone would give him a ride to Canandaigua, New York, and the defendants, who, according to their statements, had already decided to steal Stafford’s money, agreed to drive him there in Kibbe’s automobile. As he was thrust from the car, Stafford fell onto the shoulder of the rural two-lane highway on which they had been traveling. His trousers were still down around his ankles, his shirt was rolled up towards his chest, he was shoeless and he had also been stripped of any outer clothing. Before the defendants pulled away, Kibbe placed Stafford’s shoes and jacket on the shoulder of the highway. At approximately 10:00 p.m. Michael W. Blake, a college student, was operating his pickup truck in the northbound lane of the highway in question. Blake stated that he was operating his truck at a speed of approximately 50 miles per hour, and that he ‘didn’t have time to react’ before his vehicle struck Stafford.
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