Five parties went to Kimmell's business place and bought beer and cigarettes and then failed to pay. They broke a showcase and then ran out. Kimmell followed them with a pistol and chased them around a car two or three times. Shupback struck Kimmell and knocked him down. Shupback, Vincent, and Mowery (D) then jumped on Kimmell and beat him as he lay unconscious. Kimmell died. The fatal blow was struck by Shupback. The court submitted the case to the jury based on the theory of principals. D was convicted.

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