Maurer School of Law: Indiana University Digital Repository @ Maurer Law Articles by Maurer Faculty Faculty Scholarship 1938 Manslaughter by Motorists James J. Robinson Indiana University School of Law - Bloomington Follow this and additional works at: https://www.repository.law.indiana.edu/facpub Part of the Criminal Law Commons, and the Transportation Law Commons Recommended Citation Robinson, James J., "Manslaughter by Motorists" (1938). Articles by Maurer Faculty. 2218. https://www.repository.law.indiana.edu/facpub/2218 This Article is brought to you for free and open access by the Faculty Scholarship at Digital Repository @ Maurer Law. It has been accepted for inclusion in Articles by Maurer Faculty by an authorized administrator of Digital Repository @ Maurer Law. For more information, please contact
[email protected]. MINNESOTA LAW REVIEW Journal of the State Bar Association VOLUME XXII MAY, 1938 No. 6 MANSLAUGHTER BY MOTORISTS- By JAMES J. RoBINsoN* W HILE a motorist, D, is driving an automobile on a city street or along a country highway, his car strikes another person, X, either directly or by collision with the vehicle in which X is riding, inflicting injuries from which X dies. Has D committed a homicide? If so, has he committed a homicide which is criminal? The guilt or the innocence of D, under the criminal law of almost all of the states, of the federal government, and of Eng- land, is to be determined by considering the facts of the case with relation to five classifications of homicide which have been made by the common law. By consideration of the cases possible under the facts stated above it will be seen that the killing may be: (I) an intended homicide,--case 1, murder; case 2, voluntary manslaughter; or case 3, justifiable homicide; or (II) no homi- cide,--case 4, killing by accident, not by D; or (III) an unin- tended homicide,-case 5, excusable homicide by negligence; or case 6, involuntary manslaughter.