finding no accomplice liability where defendant told her son that it would be best if he killed his wife, but did not offer advice or assistance, or tell him how to avoid being caught
How later courts described this case
- finding no accomplice liability where defendant told her son that it would be best if he killed his wife, but did not offer advice or assistance, or tell him how to avoid being caught
- finding hearsay statements by homicide victim that she feared her mother-in-law would poison her deemed not admissible
- reversing conviction for aiding and abetting of mother who did not actively encourage her son to murder his wife but merely passively acquiesced
- stating homicide victim’s state of mind was not at issue
Written by the judges who cited it.
The opinion
YETKA, Justice
(concurring specially).
I concur in the finding that it is difficult to justify a conviction for first degree murder — perhaps third degree murder or manslaughter is more appropriate.
However, I disagree with that portion of the majority opinion which finds the statements by the deceased inadmissible. I believe the trial court properly admitted the statements for the reasons it set forth.