Case “Herbert and Mr. X“ Herbert bought a used car for his girl friend. After a few days, he discovered the car had mechanical problems. He and his friend "X" took the car back to the used car dealer and he tried to return the car and get his money back. The used car dealer told Herbert that he bought the car "as is" and refused to refund the money. An arguement started and got heated. "X" pulled out a gun and shot and killed the used car dealer. Herbert left the car and took an amount of money equal to the amount he had paid for the car.. Herbert and "X" then fled the scene. They stopped at a sandwich shop and "X" pulled out a gun and robbed the sandwich shop. The police were notified of the vehicle involved and gave chase. It is not clear who fired the first shot but "X" pulled out a gun and was firing at the police and the police were firing at Herbert and "X". Herbert didn't have a gun. Herbert and "X" were arrested and were charged with capitol murder, robbery and deadly assault on a police officer.