A and B are not related. A and B get into A's car. B passes out and A leaves B in A's car w/ no ventihilation. B suffocates. If A is charged w/ CNH, is this an act or an omission? Can I charge as an act? Motion to quash on due process grounds as crime of omission where no duty of care exists. Anybody?!
What if A and B get into A's airplane, boat, or trans-alaskan dog sled.
[This message was edited by AlexLayman on 11-08-06 at .]
Did the defendant's failure to perceive a substantial risk of death from from his conduct constitute a gross deviation from an ordinary standard of care? I guess if you are facing a motion to quash that question is moot. To be an omission, the defendant had to have a legal duty to act. I have to admit that unless the temperature was very hot or very cold, I would not have appreciated the risk.
I have an idea on how to charge it, but I don't want to put it in writing. Please call me at 432-688-4438. I tried to call you at the DA, but they said you are no longer with Kaufman Cty.
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