What is the effect of the "Baumgartner instruction" in a motor vehicle accident?
MultiRegion, United States of America
The following excerpt is from Shaffer v. Field, 484 F.2d 1196 (9th Cir. 1973):
3. The "Baumgartner" instruction does not necessarily violate due process of law, United States v. Moore, 429 F.2d 1305 (9th Cir. 1970), and we find no violation on the facts of this case.
4. We adopt the district court's holding that the trial court's failure to give a manslaughter instruction did not deprive petitioner of due process of law. See Shaffer v. Field, supra, 339 F.Supp. at 1004-1005.
The judgment is affirmed.
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