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People v. Moore

Michigan Supreme Court
679 N.W.2d 41 (2004)


Facts

Clarence Moore (defendant) and his friend DeJuan Boylston got into an argument with Jacky Hamilton and Jacky’s brother Johnny Hamilton. After the argument, Moore and Boylston approached the Hamiltons while Boylston was carrying a gun. Moore told the Hamiltons to flee, but Boylston suddenly recognized Johnny from his neighborhood and told Moore that he no longer wanted a problem with the brothers. Moore began to berate Boylston, encouraging him to shoot the Hamiltons, and threatening that he would no longer associate with Boylston if Boylston failed to shoot them. Boylston began to walk away but turned back and fired the gun after Moore continued to harass him. Jacky was hit and later died as a result of the gunshot wound. Moore was convicted of murder in the first degree, assault with intent to murder, and felony-firearm possession, all on an aiding and abetting theory. The felony-firearm possession charge served as a sentence-enhancing conviction, adding stricter sentencing guidelines to Moore’s murder and assault convictions. Moore appealed the felony-firearm possession conviction on the grounds that he did not assist Boylston in obtaining or possessing the gun.

Rule of Law

Issue

Holding and Reasoning (Weaver, J.)

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