People v. Howk

On July 13, 1960, Abdullah killed Sonja and attempted to commit suicide. In the days leading up to the murder, Abdullah, knowing Horowitz (defendant) possessed some guns, told Horowitz that he wanted to kill Sonja and needed a gun. Horowitz furnished a gun, but Abdullah returned it almost immediately, stating he did not possess the guts to use it. Thereafter, Abdullah threatened to kill Sonja in front of other witnesses and also stated that he knew Horowitz possessed guns. One of these witnesses expressed his concern for Abdullah’s mental condition and warned Horowitz against giving Abdullah a gun. On July 13, Abdullah learned Horowitz had been dispossessed of his apartment and invited Horowitz to bring his things, including his guns, to his apartment. Abdullah again asked Horowitz for a gun, this time to protect himself. Horowitz sold and furnished a loaded gun to Abdullah. On the night of the murder, Horowitz voluntarily reported to campus police and made numerous statements. Horowitz told the police that the gun used in the murder was his and that he and other witnesses heard Abdullah threaten to kill Sonja. Horowitz admitted that a couple of days before the murder he had furnished Abdullah with a gun but that Abdullah returned the gun, stating he did not possess the courage to use it. Horowitz admitted to furnishing Abdullah with a gun upon his second request, believing, based on that prior exchange, that Abdullah would not use it. Horowitz was convicted of involuntary manslaughter, and Horowitz appealed.