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
- 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
- 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