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Criminal Law Keyed to Lee
State v. Foster
Facts
As Foster’s girlfriend was walking near school, she was attacked, robbed, and raped, and the perpetrator held a straight edge razor to her throat during the attack. After the attack, the girlfriend described the features of her attacker to Foster in great detail and Foster, accompanied by a friend, went on a search for anyone matching the features of the attacker. They found a man matching the description of the attacker, William Middleton, and they proceeded to beat him up, while Middleton denied any involvement. Foster told his friend to hold Middleton there while he went to retrieve his girlfriend to identify Middleton, to ensure they had caught the right attacker. Foster gave his friend a knife to ensure that Middleton would not escape. After Foster left, Middleton charged at Foster’s friend, and the friend was forced to stab him. It turns out that Middleton was found to have a straight edge razor in his pocket and was positively identified as the girlfriend’s attacker. Foster argued he could not be charged as an accessory to the criminally negligent act.
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