Pace v. State

224 N.E.2d 312 (1967)

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Pace v. State

Indiana Supreme Court
224 N.E.2d 312 (1967)

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Facts

Carl Pace (defendant) was driving with his wife, their two children, and William Eugene Rootes. Pace, his wife, and one child were in the front seat, while Rootes and the second child were in the back. Pace stopped and picked up hitchhiker Richard Reppert, who joined Rootes and the child in the back seat. While Pace was driving, Rootes pulled out a knife and took Reppert’s wallet, which contained $2. Later, when Reppert exited the car, Rootes also took Reppert’s watch. Pace said nothing during the entire event, did not attempt to stop Rootes from robbing Reppert, and continued driving after dropping off Reppert. Rootes was charged with robbery, and Pace was charged as an accessory before the fact. Pace pleaded not guilty, arguing that he was not liable because there was no common plan between himself and Rootes for Rootes to rob Reppert, nor did Pace aid Rootes in committing the crime. Pace moved for a directed verdict, but the trial court denied his motion. The trial court jury convicted Pace, and Pace appealed.

Rule of Law

Issue

Holding and Reasoning (Hunter, J.)

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