Fla. Stat, (1981) - Florida State University College of Law

to the co-defendant, who continued shooting. Cnly one gun was kwdved in this
"contract" murder.
The defendant's duress defense was rejected, as in cawthrxl,
because it was not supported by the evidence, and because rl...duress is not a
defense to an intentional hdcide". Wright, supra, at 498, These authorities
were relied upon by the court and the prosecution. (T. 2109-2112).
It is jmportant to note that both Cawthon and Wright involved defendants
who prsmally injured or attesrrpted to injure their victim, and that the state
did not prmeed on a felony murder theory in either case. Here, the defendant,
if histBtimny is accepted, did nothing to assist in the ruder of Nancy
Sheppard except to stand up so sheppard could get out of the car. His chief
culpability lay in his failure b do anythinq to prevent the killing, which
occurred in his presence, The facts of this case are thaefore unlike Cawthon
and Wright and are mre similar to W e
(Fla. 1981).
three pxsms who were killed by two co-defendants.
in -in v. State, 405 So. 2d 1970
In Goodwin, the defendant aidd and abetted in the kidnapping of
There was evidence that
the defendant acted in fear of the co-defendants. The trial court apparently
instructed the jury that duress was a defense: The trial judge properly
instructed the jury on the defense of duress. I. 'I Id, 172. Language in the
opinion indicated -&his Court's acceptance of the proposition that duress is a
defense to an aider and abetbr of a felony murder:
"The sole defense of the
appellant was co-ercion and this was rejected. by the jury". Id,; "Although
the jury rejected this fear as coercion by its verdict of guilty ...Ir
duress were not a defense, the jury could not have rejected it.
Id, If
That duress can be a defense to felony-murder where an accused does not
participate in the killing is a principal of law that has been accepted, both
implicitly and explicitly, in other jurisdictions. In People v. Mzrhige, 212
Mi&. 601, 180 N.W. 418 (1920), the accused's guilty plea was set aside because
of an indication that he had acted as a "wheelman" in a robbexywudr only
because his life had ken threatened, and had entered his plea Without under-
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