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State v. Foster

Supreme Court of Connecticut
522 A.2d 277 (1987)


Facts

The girlfriend of Michael Foster (defendant) was attacked, robbed, and raped by a young man as she walked near a school. The assailant held a straight-edged razor to the girlfriend’s throat during the assault. After the incident, the girlfriend described her attacker to Foster in detail. Foster and a friend, Otha Cannon, went searching for the attacker and found a young man fitting the description, William Middleton, near the school. Foster and Cannon beat Middleton, knocking him to the ground. Middleton denied attacking Foster’s girlfriend. Foster instructed Cannon to hold Middleton at the scene until he could return with his girlfriend for identification purposes. Foster gave Cannon a knife and told him to prevent Middleton from escaping. After Foster left the area, Middleton charged at Cannon, who fatally stabbed him with the knife. Middleton, who had a straight-edged razor in his pocket, was later positively identified as the young man who had attacked Foster’s girlfriend. Foster was tried and convicted as an accessory to criminally negligent homicide. Foster moved for a judgment of acquittal, claiming that no person could be held liable as an accessory to a criminally negligent act. The trial court denied Foster’s motion, and Foster appealed.

Rule of Law

Issue

Holding and Reasoning (Santaniello, J.)

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