Kibbe v. Henderson p. 201, 2 nd circuit, 1976 Facts: A very drunk man was spotted by Kibbe and his frined. They offered the drunk man a ride home. On the ride they robbed Kibbe and had him removed his boots and pants. Eventually they kicked the man out of the car on the side of the highway but the man had his glasses left in the car. It was cold and dark. Blake came driving along and hit the man thus killing him. Kibbe is appealing because the judge did not instruct the jury as to the definition of causation. Kibbe is saying that Blake’s intervening cause was so terrible that he should be responsible. Conviction reversed because judge did not give proper jury instructions. Proximate or legal causation is a necessary prerequisite to the imposition of criminal liability.
Issue:
Holding: Rule: