CRM/LAW C144 Chapter Notes - Chapter STATE V MCFADDEN: Drag Racing, Proximate And Ultimate Causation, Wwe Network
Document Summary
Underlying facts, the actual crime that took place. This case stems from a drag race between defendant and another driver, matthew. Defendant"s automobile did not physically contact either of the two colliding vehicles. Having waived a jury, defendant was tried to the court and convicted and sentenced on both counts: trial court found defendant guilty under two distinct theories: One was that he had aided and abetted sulgrove in sulgrove"s commission of involuntary manslaughter and was therefore vicariously responsible for sulgrove"s crimes. The other theory was that defendant himself committed the crime of involuntary manslaughter by recklessly engaging in a drag race so as to proximately cause the sulgrove-ellis collision. In this appeal, the defendant"s main contention is that proof of the causation element was lacking. Standard of proximate cause in criminal prosecution ordinary (civil standard) or more stringent standard of direct causal connection as used in root.