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![handle is hein.gao/gaobadhql0001 and id is 1 raw text is:
THE COMPTROLLER GENERAL
DECISION OF THE UNITED STATES
WASHINGTON, D.C. 20548
FILE: B-193743 DATE: September 28, 1979
MATTER OF: Sally Ann Morgan -LClaim of person
causing death of decedent
DIGEST: Widow of a U.S. Forest Service employee who
entered a plea of guilty to a charge of man-
slaughter in the death of her husband may
not receive the unpaid compensation of her
husband under 5 U.S.C. 5582. The fact that
the widow was convicted of manslaughter,
which did not require a finding of intent,
does not alone, establish her lack of felo-
nious intent in the killing of the employee.
The issue presented for our determination is whether an
employee's widow who has entered a plea of guilty to the charge
of manslaughter in connection with the employee's death may be
paid the deceased employee's unpaid compensation. In view of the
claimant's plea of guilty in connection with the killing of her
husband, her claim may not be allowed.
Mr. H. Larry Jordan, an Authorized Certifying Officer of the
U.S. Department of Agriculture, has requested an advance decision
as to whether he may allow the claim of Mrs. Sally Ann Morgan,
pursuant to 5 U.S.C. § 5582 (1976) as designated beneficiary
and/or surviving spouse, for the unpaid compensation due her hus-
band, Mr. FrancisMorgan. Mr. Morgan was an employee of the U.S.
Forest Service at the time of his death on November 3, 1976.
Mrs. Morgan was initially charged with murder, but on May 16,
1977, she entered a plea of guilty to the charge of madslaughter,
a felony under section 6-58 of the Wyoming Statutes, 1957. The
specific charge under section 6-58 Wyoming Statutes to which
Mrs. Morgan pleaded guilty provides as follows:
Did on the 3rd day of November, 1976,
unlawfully kill a human being without malice,
involuntarily, by culpable neglect or crimi-
nal careless [sic], to-wit: did shoot and kill
Frances Morgan on said date.
The County and Prosecuting Attorney's amended information
and the presentence investigation report both indicate that](ViewImageLocal?handle=hein.gao/gaobadhql0001&div=1&collection=&method=preview&ext=.png&size=3)