The world was taken by surprise late last year when an elderly man living alone in our western wilderness was arrested by provincial police and charged with a fifty-year-old murder. He did not deny that he and four friends had once killed a man, but he did deny that their action amounted to murder. He confessed to being the sixth member of the party of speluncean explorers trapped in a landslide fifty years earlier and forced by starvation, as it seemed to them, to kill and eat one of their companions. Of the five survivors of that tragic adventure, four were captured, tried, and convicted of murder. They gave no hint at trial that a living, fifth survivor was then at large or had ever been in the cave with them. This Court reviewed their conviction, Commonwealth v. Spelunkers (hereafter, Spelunkers f). An evenly divided Court let the jury conviction stand. The four defendants were duly executed.