From our private database of 30,500+ case briefs...
Pendry v. State
Delaware Supreme Court
367 A.2d 627 (1976)
Clifford Faulkner was dating the sister of Timothy and Kenneth Pendry (defendants). Faulkner lived intermittently in their sister’s trailer in a stormy relationship, and he was keeping her there against her will. The brothers confronted Faulkner, demanding he leave. According to the brothers, Faulkner refused, picked up a whiskey bottle, and threatened to kill them. Timothy left, returned with a shotgun, and killed Faulkner. Both brothers were tried for first-degree murder, Timothy as principal and Kenneth as his accomplice. At trial, defense counsel said in opening statements that both brothers would raise extreme emotional disturbance at the time of the shooting and had received psychiatric evaluations. But defense counsel presented evidence of extreme emotional disturbance only as to Timothy—not Kenneth. Some evidence showed Faulkner assaulted Kenneth two months earlier, but nothing showed that incident still affected Kenneth when the shooting occurred. The judge specifically asked defense counsel if he was not raising extreme emotional distress as an affirmative defense for Kenneth. Counsel replied, “Right. Not that Kenny personally was—he is charged as an accomplice, so he would be an accomplice to whatever Timmy is guilty of.” Apparently, defense counsel proceeded on that erroneous assumption and never introduced evidence supporting the defense for Kenneth. Thus, he had no right to a jury instruction on the issue, and the judge did not give one. The jury convicted both brothers of first-degree murder. Both appealed.
Rule of Law
Holding and Reasoning (McNeilly, 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 551,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead 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.Learn about our approachRead more about Quimbee
Here's why 551,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 30,500 briefs, keyed to 984 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.