CB Essex v. Commonwealth - Rational Driving under the...

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Essex v. Commonwealth 322 S.E.2d 216 (1984) Fact: Procedural Facts: Operative Facts: A man was driving while under the influence of alcohol, was on the highway, and swerved into a pickup truck killing 3 of the 4 passengers in there. Issue: Was the killing considered with malice aforethought because of the driving under the influence? Broad Question: Narrow Question: Rule: Malice intent is the intent to do an act in wanton and willful disregard of the obvious likelihood of causing death or great bodily injury. There must be an element of viciousness too.
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Unformatted text preview: Rational: Driving under the influence of alcohol is certainly a bad thing, but is generally considered a wonton negligent act, not a malice. Holding: No, the killing was considered a gross amount of negligent, which is an offense of no greater than involuntary manslaughter. Synthesis: Dissent/Concurrences: Poff, J. Concurring and Dissenting in part. He believes that there is a point, where negligence is so immoral, or so gross, that it is culpable as to imply a malicious intent to kill....
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This note was uploaded on 10/18/2011 for the course CRIM LAW 110 taught by Professor Wade during the Spring '11 term at California Western School of Law.

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