STATE v. PETERSEN 522 P.2d 912 (Ore. App. 1974), reversed in part 526 P.2d 1008 (Or. 1974) CASE BRIEF

STATE V. PETERSEN

522 P.2d 912 (Ore. App. 1974), reversed in part 526 P.2d 1008 (Or. 1974)

NATURE OF THE CASE: This was an appeal from a manslaughter conviction.

FACTS: Petersen (D) and another engaged in a drag race on a public street. During the race the other driver disregarded a stop sign and accelerated through an intersection. The car was struck by a truck and both the other driver and an occupant in that car were killed. D was convicted of manslaughter. D appealed: the act of accelerating into the intersection was an intervening cause, and his stopping at the intersection was an act of prudence which terminated his recklessness.

ISSUE:


RULE OF LAW:


HOLDING AND DECISION:


LEGAL ANALYSIS:





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