STATE V. DIAZ
679 A.2d 902 (1996)
NATURE OF THE CASE: This was an appeal from a conviction of murder, attempted murder,
conspiracy to commit murder and carrying a pistol without a permit.
FACTS: D and four others got guns from a nearby automobile and then fired about 35-40
shots at a passing Bronco. They struck the vehicle and an 8-year-old boy was fatally
injured. D was convicted and appealed. D claims that the court improperly instructed the
jury on the principle of vicarious liability of a conspirator under Pinkerton.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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