About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

39 Ky. L.J. 342 (1950-1951)
The Misdemeanor Manslaughter Doctrine under Modern Statutes

handle is hein.journals/kentlj39 and id is 342 raw text is: KENTUCKY LAW JOURNAL If the draftsman will beep in mind the general principle and the relatively few pitfalls which stand in the way of a lease being deemed bona fide, it will enable him to draft the lease so that it will be upheld by the Commission and the courts. If the lessor is a motor carrer, he must first look to see if there has been an order pursuant to Ex Parte MC-48. The magnitude of the investigation, which concerns itself mainly with interchanging and augmenting equipment be- tween contract and common earners, necessarily delays any permanent order being formulated; still, one will be forthcoming which might well contain further prohibitions. The guiding principle in all these lease cases is to look through the form of the lease to see whether the lessor is in substance engaged in transporta- tion for hire, and this includes the situation where he has control, direction and domination of the performance of the service. However, it has been deemed al- most without exception that leases of vehicles and drivers together and trip- leases constitute the lessors contract earners. Other factors which have fre- quently occurred in the cases and given weight in determining that the lessor was a contract carrer are compensation computed on the amount of the cargo earned, the lessor being responsible to the lessee for the safe delivery of the cargo and to the public for any liability that may be incurred, and the vehicle having marks of identification that indicate that it is owned and operated by the lessor. Still, if these factors can be avoided and transportation by leased motor vehucles can be arranged, it might well be the remedy so diligently sought by the shippers to ameliorate the present transportation situation which has so burdened them with worry. JAMES M. MARS THE MISDEMEANOR MANSLAUGHTER DOCTRINE UNDER MODERN STATUTES* There are many problems facing the prospective codifier of the law of homi- cide. Of these, one of the most interesting is the crime of involuntary man- slaughter. The usual common law definition of this crime is similar to that used by a United States District Court, Involuntary Manslaughter is where death re- sulted unintentionally, so far as the defendant was concerned, from an unlawful act on his part, not amounting to a felony, or from a lawful act negligently per- formed.' The same label and punishment are attached to a homicide committed in the perpetration of a misdemeanor (an unlawful act not amounting to a felony), and to a homicide resulting from the negligent commission of a lawful act. This note will be concerned only with the so-called misdemeanor manslaughter phase of the crime of involuntary manslaughter as it now exists under statutes in the United States. A brief discussion of the common law rules of the crime will be in order to lay a foundation for the analysis of the statutes. Hale stated that an unintentional homicide occurring in the course of any misdemeanor was manslaughter. He, however, suggested a limitation on this harsh rule by making a distinction between those misdemeanors malum in se and * This is a companion note to the one by Mr. Cromley on page ......... 'U.S. v. Meagher, 37 Fed. 875, 880 (C.C. W.D. Tex., 1888).

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most