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State v. Diaz

679 A.2d 902 (1996)

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State v. Diaz

Connecticut Supreme Court

679 A.2d 902 (1996)

Facts

Ray Ivan Diaz (defendant) and four other individuals fired about 35 to 40 bullets at a passing vehicle, approximately 10 of which hit the car. A stray bullet struck and killed an eight-year-old boy. Diaz was charged with murder, conspiracy to commit murder, two counts of attempted murder, and carrying a pistol without a permit. At trial, the court instructed the jury according to the U.S. Supreme Court’s holding in Pinkerton v. United States, 328 U.S. 640 (1946), which held that a conspirator may be held criminally liable for the offenses committed by a co-conspirator if those offenses are within the scope of the conspiracy, are in furtherance of it, and are reasonably foreseeable as a necessary or natural consequence of the conspiracy. Diaz was found guilty on all of the charges and he appealed.

Rule of Law

Issue

Holding and Reasoning (Palmer, J.)

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