Collins, then seventeen-years-old, and D, then sixteen-years-old. They robbed and killed a marijuana dealer. P charged both Harrison and D with first-degree murder. They were tried separately. P conceded during trial that 'the evidence tends to suggest that it was probably Collins' who shot McHenry. At trial, P only presented the theory of first-degree murder based upon the felony-murder rule. P argued d was guilty of aiding and abetting in the robbery and murder of McHenry. The jury returned a unanimous verdict finding d guilty of first-degree murder. D appealed.

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