Is this a common law question or is there a jurisdiction that is at play?
This is a common law question.
So there are two questions, first are they liable for murder, and second is the individual who ate the boy liable for murder as well.
When answering a question like this, it is always best to address each question individually and completely.
yes.. the second individual didn't kill nobody but he did eat the remains
Dudley and Stevens were starving to death, they were in a situation where the only way to avoid death was to intentionally take the life of the young boy to survive.
No matter the emergency or urgency of the situation they intentionally, and with malice aforethought, took the boys life to save their own.
The situation does not relieve an individual at common law from being liable for murder, where they intentionally took the life of another.
As for B.
At common law, a person can be liable for murder if he/she contributes, helps plan, or encourages the murder of an individual, even though he/she did not actually pull the trigger.
Here Brooks only ate the boys flesh after the crime was committed, therefore, since Brooks did not assit, nor agree to the murder of the boy, he should not be liable for murder.
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