VAN BUSKIRK v. STATE 611 P.2d 271 (Okla. 1980). CASE BRIEF

VAN BUSKIRK V. STATE

611 P.2d 271 (Okla. 1980).

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

FACTS: Van Buskirk (D) was driving a car and got into an argument with her boyfriend, Rose. D ordered Rose from the car. Rose was accidentally struck by the car when D leaned over to find her glasses that Rose had knocked off. D drove around Rose and left the scene as he started to get up. Subsequently, another vehicle struck Rose and killed him. D was convicted of involuntary manslaughter. D appealed; the judge should have given an instruction on negligent homicide.

ISSUE:


RULE OF LAW:


HOLDING AND DECISION:


LEGAL ANALYSIS:





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