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People v. Kessler

Illinois Supreme Court
315 N.E.2d 29 (1974)


Rudolph Louis Kessler (defendant) waited in a vehicle outside a tavern while his two unarmed companions burglarized the tavern with the intent to steal some money. While inside, the two companions were surprised by the tavern’s owner. One of the burglars obtained a gun from inside the tavern and shot and wounded the owner. The two burglars ran from the building and fired a shot at a passing police officer who was in pursuit. Kessler had remained in the car during the entire occurrence. Kessler was convicted of one count of burglary and two counts of attempted murder and he appealed. The appellate court affirmed Kessler’s burglary conviction but reversed the attempted murder convictions. The Illinois Supreme Court granted certiorari to review.

Rule of Law


Holding and Reasoning (Davis, J.)

Dissent (Goldenhersh, J.)

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