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 A crime may be performed through an innocent dupe. United States v. Kelley, 395 F.2d 727 (2d Cir. 1968), cert. denied, 393 U. S. 963, 89 S.Ct. 391, 21 L.Ed.2d 376 (1968); Boushea v. United States, 173 F.2d 131 (8th Cir. 1949); Beausoliel v. United States, 71 U.S.App.D.C. 111, 107 F.2d 292, 297 (1939). The court aptly stated the basis for this well accepted principle in United States v. Lester, 363 F.2d 68, 73 (6th Cir. 1966): It is but to quote the hornbook to say that in every crime there must exist a union or joint operation of act, or failure to act, and intent. However, this is far from suggesting that the essential element of criminal intent must always reside in the person who does the forbidden act. Indeed, the latter may act without any criminal intent whatever, while the mens rea- 'willfulness'-may reside in a person wholly incapable of committing the forbidden act. . . . And in such a case, of course, only the person who willfully causes the forbidden act to be done is guilty of the crime.


There are numerous examples of convictions of defendants who used innocent ...

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