Is a defendant liable for manslaughter if he proximately causes another person's death through his actions as an intermediary?

California, United States of America


The following excerpt is from People v. Reyes, G040778 (Cal. App. 12/8/2009), G040778 (Cal. App. 2009):

Citing a footnote in People v. Cervantes, supra, 26 Cal.4th 860, defendant notes a person's criminal liability for "unlawful conduct . . . proximately caus[ing] an intermediary to kill through a dependent intervening act . . . will be fixed in accordance with his criminal mens rea." (Id. at p. 873, fn. 15.) Thus, "[i]f the defendant proximately causes a homicide through the acts of an intermediary and does so with malice . . ., his crime will be murder . . .," but the crime of a "defendant [who] proximately causes a homicide through the acts of an intermediary . . . without malice, . . . will be manslaughter . . . ." (Ibid.)

Other Questions


In a personal injury action brought by a former wife against her ex-partner in a civil action, in addition to a similar action against the husband in a separate action, can the court order return to husband in the civil action? (California, United States of America)
Is a claim for damages brought by defendant in a personal injury action brought by plaintiff against defendant in the Superior Court of Appeal against Defendant in a civil case? (California, United States of America)
What is the test for determining whether a defendant's actions were a proximate or legal cause of death in a motor vehicle accident? (California, United States of America)
Is a person who is a "aider and abettor" liable for another's actions as a result of the other's actions? (California, United States of America)
What is the test for determining whether a defendant is liable for a result directly caused by another contributing cause? (California, United States of America)
Can a defendant be found guilty of second-degree manslaughter for killing another person under the mistaken belief that he was in imminent danger of death or suffering great bodily injury? (California, United States of America)
In what circumstances will the Attorney General argue that section 190.2(b) of the California Criminal Code does not require that the actual killer be a person who personally kills but rather one who proximately causes the death? (California, United States of America)
Is a defendant liable for not wearing a seatbelt and driving on the wrong side of the freeway a concurrent cause of death? (California, United States of America)
Can a plaintiff bring an inverse condemnation action against a governmental entity for damage caused to private property caused by a governmental action? (California, United States of America)
Is a person who aids or abets a crime liable for the crime if the original crime was committed independently by another person? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.