This section contains the nature of the case and procedural background.

D accompanied by his brother, Leonard, and Hillman arrived at Fred Coles' Store. Their sole purpose was to rob Coles. D was armed with a rifle. He positioned himself outside of the store to act as a lookout while Leonard and Hillman entered the store, confronted Coles with a shotgun, and demanded Coles turn over to them the proceeds from the cash register. Coles showed them an empty cash drawer and stated that there was no Leonard fired his shotgun and wounded Coles, who retaliated with a shot that felled Hillman. Leonard threw the shotgun at Coles and ran out the door, leaving Hillman on the floor. D fired a rifle shot through the window into a table near Coles and left the scene of the crime. The jury found D guilty of assault with intent to commit robbery and assault with intent to commit second-degree murder. D appealed. D argued that he should not have been held responsible for Leonard’s use of the shotgun during the attempted robbery.

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