State v. Collins, 35112
| Decision Date | 14 January 1960 |
| Docket Number | No. 35112,35112 |
| Citation | 55 Wn.2d 469,348 P.2d 214 |
| Parties | STATE of Washington, Appellant, v. Donald Adam COLLINS, Respondent. |
| Court | Washington Supreme Court |
Charles O. Carroll, King County Pros. Atty., August F. Hahn, Deputy Pros. Atty., Seattle, for appellant.
Alfred J. Bianchi, Murray B. Guterson, Seattle, for respondent.
The defendant killed a pedestrian on a crosswalk by means of a motor vehicle on October 17, 1958. He was charged with negligent homicide by means of a motor vehicle under RCW 46.56.040. By leave of court, the state was later allowed to amend the information to charge violation of RCW 9.48.060, the general manslaughter statute. The defendant then demurred and moved to dismiss on the ground that RCW 46.56.040 was a pre-emptive statute and all homicides by means of a motor vehicle must be charged thereunder. The state was given leave to amend the charge by again alleging negligent homicide by means of a motor vehicle, but it declined to do so, electing to stand on the amended information charging manslaughter. The court then dismissed the information, and the state has appealed.
It has heretofore been assumed, by way of dicta upon several occasions, that the state could elect to charge the offense here in question under either statute. However, the right to do so has never been directly challenged until now. This is, therefore, a case of first instance in this state.
For convenience and brevity, we shall hereinafter refer to RCW 9.48.060 as the manslaughter statute, and RCW 46.56.040 as the negligent homicide statute.
The manslaughter statute was first passed in 1854, which was prior to the aggravated problem of motor vehicle traffic that characterizes our times. The prosecuting attorneys throughout the state found a growing jury reluctance to convict automobile drivers under the manslaughter statute due to the connotations of the word 'manslaughter.' A group of them went before the 1937 legislature and successfully urged the passage of a special statute under which they could charge homicide by means of a motor vehicle.
This court's interpretation of the manslaughter and negligent homicide statutes diverge to the extent that a charge of manslaughter requires proof of only ordinary negligence (State v. Hedges, 8 Wash.2d 652, 113 P.2d 530), while negligent homicide requires proof of more than ordinary negligence. State v. Partridge, 47 Wash.2d 640, 289 P.2d 702. The effect of this is that proof which would sustain a charge of...
To continue reading
Request your trial
-
State v. Peterson
...580, 681 P.2d 237 (1984) ). This rule itself appears to have originated in equal protection jurisprudence. See State v. Collins , 55 Wash.2d 469, 470, 348 P.2d 214 (1960) (impliedly overruled by Batchelder , 442 U.S. at 123-24, 99 S.Ct. 2198 ).9 More specifically, it is unlawful "to manufac......
-
State v. Tamalini
...for intentional murder or could simply prove negligence and death for the same second degree murder conviction. See State v. Collins, 55 Wash.2d 469, 470, 348 P.2d 214 (1960) ("The principle of equality before the law is inconsistent with the existence of a power in a prosecuting attorney t......
-
PUBLIC UTILITY DIST. v. STATE, DEPT. OF ECOLOGY
...Furman, 122 Wash.2d 440, 458, 858 P.2d 1092 (1993); Grant v. Spellman, 99 Wash.2d 815, 827, 664 P.2d 1227 (1983); State v. Collins, 55 Wash.2d 469, 470, 348 P.2d 214 (1960); State v. Clausen, 160 Wash. 618, 632, 295 P. 751 Water rights in Washington have long been understood to be usufructu......
-
State v. Numrich
...example, we recognized that prosecutors must charge specific, more lenient forms of homicide when they are available. State v. Collins , 55 Wash.2d 469, 348 P.2d 214 (1960). In Collins , the defendant had killed a pedestrian "by means of a motor vehicle," and the State charged "general mans......
-
Washington's Second Degree Felony-murder Rule and the Merger Doctrine: Time for Reconsideration
...to person committing this offense, which degree of proof shall apply to his particular case. State v. Collins, 55 Wash. 2d 469, 470, 348 P.2d 214, 215 (1960); see also State v. Kanistanaux, 68 Wash. 2d 652, 414 P.2d 784 (1966). Compare State v. Reid, in which the Washington Supreme Court he......