Hayes asked Hill to help him
rob a grocery without realizing that Hill's relative owned the store.
Hill went to the police.
At the police's request, Hill
pretended to go along with Hayes. That night, they went to the store,
Hayes opened the window, Hill entered and stole a side of bacon.
Hayes was arrested and charged
with burglary.
Hayes argued that he never
entered the store and so could only be convicted for aiding and
abetting Hill. However, Hill was
working with the police and never had any intent to rob the store.
Hill's intent was to entrap Hayes in a crime, not to commit
a crime himself.
The Trial Court convicted
Hayes of burglary. He appealed.
The Trial Court instructed
the jury that it didn't matter if Hill had felonious intent. All that mattered was whether Hayes had felonious
intent when he assisted Hill.
The Missouri Supreme Court
overturned the conviction and remanded for a new trial.
The Missouri Supreme Court
found that Hayes didn't enter the store, so he couldn't be directly
guilty of burglary.
The Court found that in
order to be criminally culpable for aiding and abetting, there must be a showing that Hayes and Hill
had a "common motive and common design."
Hayes' motive was to get
some delicious bacon. Hill's motive was to catch a guy trying to rob
his relative's store. This is not a common motive.
The Court noted that Hayes
did take the bacon, so he could be guilty of petty larceny. But he couldn't be guilty of burglary unless he assisted someone with felonious
intent.
