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

25 Calif. L. Rev. 1 (1936-1937)
Negligent Homicide--A Study in Statutory Interpretation

handle is hein.journals/calr25 and id is 27 raw text is: California Law Review Volume XXV SEPTEMBER, 1936 Number 1 Negligent Homicide A Study in Statutory Interpretation I. N 1935, the California Legislature enacted an amendment to the new Vehicle Code, by virtue of which the criminal law relating to motor vehicles was changed.' Perhaps the most noteworthy alteration was made in the chapter entitled Felonies and other Offenses, 2 wherein a number of new offenses were inserted8 Among these newly defined crimes that of negligent homicide is of paramount interest. Section 500 provides: Negligent Homicide. When the death of any person ensues within one year as the proximate result of injuries caused by the driving of any vehicle in a negligent manner or in the commission of an unlawful act not amounting to felony, the person so operating such vehicle shall be guilty of negligent homicide, a felony, and upon conviction thereof shall be punished by imprisonment in the county jail for not more than one year or in the state prison for not more than three years. The creation of this new crime raises the question of its relation to the other crimes of homicide in the Penal Code, and particularly to involuntary manslaughter. The definition of involuntary manslaughter under California law is very similar to that of the new crime of negli- gent homicide. It is, according to Section 192 of the Penal Code, the unlawful killing of a human being, without malice . . . in the commis- sion of an unlawful act, not amounting to felony; or in the commission of a lawful act which might produce death, in an unlawful manner, or without due caution and circumspection. 1 Cal. Stats. 1935, p. 2141. 2 Chapter V of Division IX, §§ 500-506. 3 The code in its original form defined four crimes: Driving While an Habi- tual User of Drugs or Under the Influence of Narcotic Drugs or Intoxicating Liquor (section 502); Theft and Unlawful Driving or Taking of a Motor Vehicle (section 503); Injuring or Tampering With Vehicle (section 504); Reckless Driving (section 505); see Cal. Stats. 1935, pp. 173, 174. The amendment added the crimes of Negligent Homicide (section 500) and Person Driving Under In- fluence of Liquor Guilty of a Felony (section 501), repealed section 502 and substituted When Person Driving Under Influence of Liquor Guilty of Misde- meanor (section 502), amended section 503 and added Driving When Addicted to or Under Influence of Narcotic Drugs (section 506) ; Cal. Stats. 1935, p. 2141.

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