California, United States of America
The following excerpt is from The People v. Bell, B213070, No. MA043124 (Cal. App. 2010):
act or made the omission charged through misfortune or by accident, when it appears that there was no evil design, intention, or culpable negligence." "The defense of accident or misfortune requires the defendant to prove three negatives: he did not act with an evil design; he did not act with intent; and, he did not act with 'culpable negligence.'" (People v. Thurmond(1985) 175 Cal.App.3d 865, 873.) The defense of accident is essentially "a claim that the defendant acted without forming the mental state necessary to make his actions a crime." (People v. Gonzales (1999) 74 Cal.App.4th 382, 390.)
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