In Stewart v. Wolfenbarger, No. 08-2154, the court was faced with a habeas petition challenging a conviction for second-degree murder under the aiding and abetting theory.
Specifically: “Stewart admitted that he provided a .38 handgun to Whitley with the knowledge that Whitley and Tate were going to use it to commit a robbery. A rational trier of fact could have found beyond a reasonable doubt that Pippins provided the .38; that Tate, Whitley, and Hadley used the .38 to rob Robert Pippins and then murder him; that these three men and one other were observed fleeing from the scene and were pursued by Detroit Police; that they abandoned their vehicle with the .22 rifle and the drugs stolen from Pippins; and that they later admitted to Stewart that they had used his gun to commit murder and disposed of the weapon during the police chase.”
Related Resource:
- Full text of Stewart v. Wolfenbarger
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