Question
Bonnie and Clyde live in a jurisdiction that has enacted the following criminal statutes: Section 15.1 (Theft) : A person is guilty of theft if
Bonnie and Clyde live in a jurisdiction that has enacted the following criminal statutes:
Section 15.1 (Theft): A person is guilty of theft if he unlawfully takes, or exercises unlawful control over, the property of another with intent to deprive him thereof.
Section 15.2 (Robbery): (1) A person is guilty of robbery if, in the course of committing a theft, he:
- (a) inflicts serious bodily injury upon another;
- (b) threatens another with or intentionally puts him in fear of immediate serious bodily injury;
- (c) inflicts bodily injury upon another or threatens another with or intentionally puts him in fear of immediate bodily injury;
- (d) takes or removes property from the person of another by force however slight; or
- (e) takes or removes the money of a financial institution without the permission of the financial institution by making a demand of an employee of the financial institution orally or in writing with the intent to deprive the financial institution thereof.
(2) An act shall be deemed "in the course of committing a theft" if it occurs in an attempt to commit theft or in flight after the attempt or commission.
(3) For purposes of this subsection, a "financial institution" means a bank, trust company, savings trust, credit union or similar institution.
Section 15.3 (First-Degree Murder): Murder by poison, lying in wait, imprisonment, starving, or by any willful, deliberate, and premeditated killing, or in the commission of, or attempt to commit, arson, rape, robbery, burglary or kidnapping is murder of the first degree.
Bonnie and Clyde's jurisdiction has also adopted the provisions of the Model Penal Code regarding Criminal Attempt and Accomplice Liability.
Question 1 Fact Pattern Begins:
Bonnie and Clyde decided to rob Sunset Liquors, a local liquor store. Bonnie and Clyde knew the clerk kept substantial amounts of money in the safe underneath the cash register before he deposited the money in the bank the next morning. Bonnie and Clyde agreed that they would threaten the clerk to force him to open the safe, but they both agreed they would not hurt him.
The following night, Bonnie and Clyde drove to Sunset Liquors and waited until all the patrons had left and the clerk was preparing to close the store. Bonnie and Clyde then entered the store. Bonnie was armed with a pistol, but Clyde did not have a weapon, so he put his hand in his pocket and pretended to point a gun at the clerk. Clyde told the clerk to open the safe and give them all the money. When the clerk hesitated, Clyde said he would shoot the clerk if he did not open the safe right then and there. After the clerk had opened the safe, Bonnie shot the clerk and killed him. Bonnie took all the money out of the safe and she and Clyde ran away from the scene.
Bonnie and Clyde went to a motel where Bonnie had been staying, where they evenly split the money from the safe. Clyde told Bonnie that he would have never agreed to rob the liquor store if he knew Bonnie planned to kill the clerk. Bonnie then explained that she killed the clerk on an impulse, and asked Clyde to forgive her. Clyde told Bonnie that he never wanted to see her again, and Clyde left the motel.
One week later, Bonnie called Clyde and asked to meet him for coffee in the motel's caf. Bonnie told Clyde how much she loved him and begged him to forgive her. Bonnie asked Clyde to help her with another robbery. She suggested the local bank as the target. They agreed to meet at the motel later that same afternoon to drive to the bank.
Before Clyde was supposed to return to the motel, he saw his priest, Father Reilly for confession. After meeting with Father Reilly, Clyde realized he was on the wrong path and vowed never to commit another crime and that he would not see Bonnie again. Clyde decided he would not go to the motel to meet Bonnie. He never told Bonnie that he was not planning to show up to drive with her to the bank.
After waiting for Clyde for 15 minutes, Bonnie left for the bank without him. Bonnie entered the bank and passed a note to the bank teller that she had a gun and demanded that the teller hand over everything in the cash drawer. After the bank teller handed Bonnie a stack of bills, Bonnie shot and killed the bank teller using the same pistol she had used to kill the clerk. Before she was shot, the bank teller had triggered a silent alarm so several police officers arrived at the bank and Bonnie was apprehended. After receiving her Miranda warnings, Bonnie was questioned about the killing of the bank teller. Bonnie told the police that she would never have been caught if Clyde had been there to help her. She then admitted that she and Clyde robbed the liquor store together and that she accidentally killed the clerk during that robbery.
Clyde was charged with two counts of first-degree murder based on the death of the clerk and the bank teller.
At Clyde's trial, Bonnie testified about the plan to rob the liquor store. Bonnie explained that she killed the clerk and Clyde only participated in the robbery. Bonnie also explained the events leading to the bank teller's death.
At the conclusion of Clyde's trial, a jury convicted him of each of the charged offenses. Clyde moved to set aside his first-degree murder convictions due to insufficient evidence. The court denied Clyde's motion.
Part A:Should the court have granted Clyde's motion to set aside his first-degree murder conviction for the death of the clerk at Sunset Liquors? Explain.
Part B:Should the court have granted Clyde's motion to set aside his first-degree murder conviction for the death of the bank teller? Explain.
Step by Step Solution
There are 3 Steps involved in it
Step: 1
Get Instant Access to Expert-Tailored Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started