Kibbe v. Henderson
United States Court of Appeals for the Second Circuit
534 F.2d 493 (1976)
Barry Kibbe and Roy Krall (defendants) gave an intoxicated George Stafford a ride from a bar with the intent of robbing him. As Krall drove, Kibbe demanded Stafford’s money and then forced him to lower his pants and remove his boots to prove he did not have any more. Defendants then abandoned the partially-undressed Stafford on the side of a snow-blown, unlit, rural two-lane highway. Shortly thereafter, a vehicle driven by Michael Blake struck Stafford who was sitting in the middle of the road. Stafford later died. Defendants were charged with second-degree robbery, grand larceny, and second-degree murder. The trial judge failed to instruct the jury on the issues of causation and intervening or supervening causes. Defense counsel failed to object to the court’s omission. Defendants were found guilty. Defendants appealed. The appellate court affirmed the convictions on the basis that defendants’ actions, as well as the actions of Blake, caused Stafford’s death. Kibbe filed a petition for a writ of habeas corpus in federal district court against Robert Henderson, superintendent of the correctional facility where Kibbe was imprisoned. The district court denied Kibbe’s petition. Kibbe appealed.
Rule of Law
Holding and Reasoning (Lumbard, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 168,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 13,800 briefs, keyed to 187 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.