People v. Campbell
124 Mich.App. 333, 335 N.W.2d 27 (1983)
Basnaw slept with Campbell's
wife. The two later got drunk together. Campbell encouraged Basnaw to
kill himself, and even gave him a gun. Campbell then left and Basnaw
killed himself.
Campbell was arrested and
charged with murder.
The Trial Court denied
Campbell's motion to dismiss. He appealed.
Campbell argued that he
could not be guilty of murder for
just giving someone a gun.
The Appellate Court reversed
and granted the motion to dismiss.
The Appellate Court found
that Campbell had no intention (aka mens rea) to kill. He had a hope that Basnaw would die, but that isn't
criminal.
The Court found that a plain
language reading of the Statute defines homicide as "the killing of
one person by another." That wasn't what happened here.
This doctrine is similar to
the doctrine of nonfeasance in tort
law.