People v. Laabs 

Defendant was convicted of felony murder after jury trial. After 10 hours of deliberations, jury asked whether, if during a robbery one of the robbers commits murder, all are liable for the murder. In response, court improperly gave two jury instructions on accountability, which was a new theory of guilt. Even though defense counsel made brief remark, in closing, that one of the four accomplices could have shot the victim, the remark was not sufficient to interject issue of accountability into the case. Defendant was denied right to fair trial, as defense never had opportunity to argue accountability as to murder charge, and jurors' query implied that they had not yet reached verdict on murder charge. (HOLDRIDGE and O'BRIEN, concurring.)