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The Water Cooler
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Drunk Driving or Texting!
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<blockquote data-quote="Dave70968" data-source="post: 2963182" data-attributes="member: 13624"><p>Nope. Read the murder 1 statute:</p><p>21 O.S. 701.7</p><p>"A. A person commits murder in the first degree when that person unlawfully and with malice aforethought causes the death of another human being. <strong>Malice is that deliberate intention unlawfully to take away the life of a human being</strong>, which is manifested by external circumstances capable of proof [emphasis mine]."</p><p></p><p>It's stupid and reckless, but it's not <em>intent to take a life</em>.</p><p></p><p>You <em>might</em> be able to get murder 2:</p><p>21 O.S. 701.8</p><p>"Homicide is murder in the second degree in the following cases:</p><p></p><p></p><p>1. When perpetrated by an act imminently dangerous to another person and evincing a depraved mind, regardless of human life, although without any premeditated design to effect the death of any particular individual;"</p><p></p><p>While "imminently dangerous" might be argued, I don't think you could meet the "depraved mind" element of the offense.</p><p></p><p>Now, compare to manslaughter 1:</p><p>21 O.S. 711</p><p></p><p>Homicide is manslaughter in the first degree in the following cases:</p><p></p><p></p><p>1. When perpetrated without a design to effect death by a person while engaged in the commission of a misdemeanor.</p><p></p><p>2. When perpetrated without a design to effect death, and in a heat of passion, but in a cruel and unusual manner, or by means of a dangerous weapon; unless it is committed under such circumstances as constitute excusable or justifiable homicide.</p><p></p><p>3. When perpetrated unnecessarily either while resisting an attempt by the person killed to commit a crime, or after such attempt shall have failed.</p><p></p><p>You can get there pretty easily: no intent to kill, but engaged in the commission of a misdemeanor (texting while driving).</p></blockquote><p></p>
[QUOTE="Dave70968, post: 2963182, member: 13624"] Nope. Read the murder 1 statute: 21 O.S. 701.7 "A. A person commits murder in the first degree when that person unlawfully and with malice aforethought causes the death of another human being. [B]Malice is that deliberate intention unlawfully to take away the life of a human being[/B], which is manifested by external circumstances capable of proof [emphasis mine]." It's stupid and reckless, but it's not [I]intent to take a life[/I]. You [I]might[/I] be able to get murder 2: 21 O.S. 701.8 "Homicide is murder in the second degree in the following cases: 1. When perpetrated by an act imminently dangerous to another person and evincing a depraved mind, regardless of human life, although without any premeditated design to effect the death of any particular individual;" While "imminently dangerous" might be argued, I don't think you could meet the "depraved mind" element of the offense. Now, compare to manslaughter 1: 21 O.S. 711 Homicide is manslaughter in the first degree in the following cases: 1. When perpetrated without a design to effect death by a person while engaged in the commission of a misdemeanor. 2. When perpetrated without a design to effect death, and in a heat of passion, but in a cruel and unusual manner, or by means of a dangerous weapon; unless it is committed under such circumstances as constitute excusable or justifiable homicide. 3. When perpetrated unnecessarily either while resisting an attempt by the person killed to commit a crime, or after such attempt shall have failed. You can get there pretty easily: no intent to kill, but engaged in the commission of a misdemeanor (texting while driving). [/QUOTE]
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