Allen v. State

Section 274 of Title 11 provides:

When, pursuant to § 271 of this title, 2 or more persons are criminally liable for an offense which is divided into degrees, each person is guilty of an offense of such degree as is compatible with that person’s own culpable mental state and with that person’s own accountability for an aggravating fact or circumstance.74

The majority finds in Section 274 an unambiguous statutory mandate to instruct the jury to determine Allen’s individual “mental state” and “accountability for an aggravating fact or circumstance” on the charges of Robbery in the First Degree,…