What is the test for determining whether a child is a murder, manslaughter or accidental?

California, United States of America


The following excerpt is from Williams v. Reiner, 1 Cal.App.4th 1111, 2 Cal.Rptr.2d 472 (Cal. App. 1991):

In support of this position, the defendants rely on Nash v. United States (1913) 229 U.S. 373, 377, 33 S.Ct. 780, 781, 57 L.Ed. 1232, in which thecourt noted that in deciding whether a killing was murder, manslaughter, or accidental, the jury must estimate the degree of culpability "by common experience in the circumstances known to the actor." Defendants also rely on the fact that section 270, which requires parents to provide the necessary food,

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