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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.
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
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).

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