Commonwealth v. Moore

In Commonwealth v. Moore, 121 Ky. 97, 88 S.W. 1085, 1087, 28 Ky. L. Rptr. 62 (1905), the Court of Appeals of Kentucky implicitly upheld the agency theory in affirming the dismissal of an indictment that sought to prosecute two men for the death of a bystander, who was accidentally shot by the person whom the two men were robbing, in resistance to the robbery. The court reasoned that if either of the defendants, in the commission of the robbery, had fired the fatal shot, both would be liable; however, it would be absurd to hold the defendants responsible for a death not committed in furtherance of their crime, but in efforts to thwart it. Id. at 1086.