Accomplice Convicted of Murder While Actual ''Murderer'' Convicted Only of Manslaughter

In Parker v. Commonwealth (Ky. 1918) 180 Ky. 102, 201 S.W. 475, the court found no inconsistency in an accomplice being convicted of murder while the actual shooter was convicted only of manslaughter on a heat of passion theory. The facts indicated there was "bad feeling" between the accomplice and the victim before the offense and this induced the accomplice to "precipitate a difficulty" with the victim, thereby providing an opportunity to kill him. (201 S.W. at p. 478.) The court explained it had "several times recognized the principle that where the person who fires the shot which produces the death acts in sudden heat and passion or sudden affray, and is guilty only of manslaughter, the aider and abettor who incites the killing may be guilty of willful murder if he at the time aids, abets, and incites the killing, entertains malice aforethought, and his actions are controlled by such malice." (Ibid.)