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

D and others decided to kill a party and fake an accident in order to escape liability. Their initial attack on the victim did not kill him, but their efforts to conceal the body did eventually kill him from exposure. Ds were convicted and appealed based on the grounds that they believed they had already killed the victim and when they did the acts to conceal that crime they were without mens rea for murder and as such should only be guilty of culpable homicide.

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