Archive | Accomplice liability

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State v. Kline

State v. Kline, 2016 MT 177 (July 19, 2016) (McKinnon, J.; Baker, J., concurring) (5-0, aff’d)

Issue: (1) Whether the district court erred in concluding SK was not legally accountable for Kline’s incest, and (2) whether sufficient evidence corroborated SK’s testimony.

Short Answer: (1) No, and (2) yes.


Facts: The state charged Kline with criminal distribution of drugs, endangering the welfare of children, and incest, all felonies, in December 2013. According to the information, Kline committed these offenses by giving methamphetamine to SK, his daughter, allowing SK to ingest meth while in his care, and having sexual intercourse or sexual contact with SK.…

State v. Charlo-Whitworth

State v. Charlo-Whitworth, 2016 MT 157 (June 28, 2016) (McGrath, C.J.) (5-0, aff’d)

Issue: Whether the district court erred in not giving the defendant’s proposed jury instruction on accomplice liability.

Short Answer: No.


Facts: Riley Charlo-Whitworth and Alexis Paul lived together with Paul’s 2-year-old child, MP. One evening in January 2013, Whitworth drove Paul to work around 7 pm, then returned home with MP. He put MP to bed around 8:30 pm, but the child awoke crying around 10 pm. Whitworth grew frustrated and shoved the child into a wall, spanked him and hit him. Because MP was bleeding, Whitworth gave him a bath.…