State v. Hupf

• Decision Date: 09 December 1953
• Citation: 101 A.2d 355,48 Del. 254
• Court: United States State Supreme Court of Delaware
• Parties: , 48 Del. 254 STATE v. HUPF.

Page 355

101 A.2d 355

9 Terry 254, 48 Del. 254

STATE v. HUPF.

Supreme Court of Delaware.

Dec. 9, 1953.

H. Albert Young, Atty. Gen., and E. N. Carpenter, II, Deputy Atty. Gen., for the State.

Newton White and Carroll F. Poole, Wilmington, for defendant.

SOUTHERLAND, C. J., and WOLCOTT and TUNNELL, JJ., sitting.

SOUTHERLAND, Chief Justice.

The Superior Court of New Castle County has certified to us for answer, pursuant to Art. IV, § 11(9) of the Constitution, questions of law growing out of a prosecution for manslaughter.

The essential question is whether the crime of involuntary manslaughter is established by proof of death resulting proximately from the commission of an unlawful act, or whether there must also be proof of conduct evidencing reckless disregard for the lives or safety of others.

The facts are these:

Defendant was involved in an automobile accident when the car that he was driving collided with another car. As a result of the collision a passenger in his car was killed.

Defendant was indicted for manslaughter. The indictment was in six counts. Four of these counts charged violations of four sections of the Delaware Motor Vehicle Laws embodying rules of the road. The other two counts charged 'common law manslaughter' and failure to keep a proper lookout. The case was tried by the court without a jury. The State established, and the defendant admitted, the violation of the four sections of the motor vehicle laws as charged in the indictment. The court found, however, that the State had failed to establish a reckless disregard for the life and safety of others so as to make the defendant guilty of 'common law manslaughter' i. g., criminal negligence.

Upon considering the verdict to be rendered, the court found that a conflict existed in the rulings of our trial courts defining the elements of the crime of involuntary manslaughter. To resolve this conflict it has certified to us for answer the following questions:

'A. If death results from the Violation of a motor vehicle law of the State of Delaware providing for rules of the road, is a finding of guilty of manslaughter justified without any showing of a reckless disregard for the life and safety of others sufficient to establish common law manslaughter?

'B. If death is a proximate result of the violation of Section 100(a) of the Motor Vehicle Laws of the State of Delaware, is defendant guilty of manslaughter under Paragraph 5161 Revised Code of Delaware (1935) despite no showing of a reckless disregard for the life and safety of others so as to establish common law manslaughter?

'C. If death is a proximate result of the violation of Section 100(b) of the Motor Vehicle Laws of the State of Delaware, is defendant guilty of manslaughter under Paragraph 5161 Revised Code of Delaware (1935) despite no showing of a reckless disregard for the life and safety of others so as to establish common law manslaughter?

'D. If death is a proximate result of the violation of Section 85(c) of the Motor Vehicle Laws of the State of Delaware, is defendant guilty of manslaughter under Paragraph 5161 Revised Code of Delaware (1935) despite no showing of a reckless disregard for the life and safety of others so as to establish common law manslaughter?

'E. If death is a proximate result of the violation of Section 85(a) of the Motor Vehicle Laws of the State of Delaware, is defendant guilty of manslaughter under Paragraph 5161 Revised Code of Delaware (1935) despite no showing of a reckless disregard for the life and safety of others so as to establish common law manslaughter?'

To answer these questions we must determine the elements of the species of the crime of manslaughter that involves an unintentional killing and hence is called 'involuntary manslaughter'. Since our statute, 11 Del.C. § 575, contains no definition, we must look to common-law principles. The classic definition is that of Blackstone, 'the unlawful killing of another * * * involuntarily, but in the commission of some unlawful act.' Com. Vol. 4, p. 191. It is clear from the illustrations in Blackstone's text that by the phrase 'unlawful act' the learned author meant either an act unlawful in itself or a lawful act done 'in an unlawful manner, and without due caution and circumspection.' Id. p. 192.

The textbooks have followed generally this division of involuntary manslaughter into two classes, one characterized by the commission of an unlawful act, and the other by the doing of a lawful act in a negligent (or grossly negligent) manner.

'Involuntary manslaughter, according to the old writers, is where death results unintentionally, so far as the defendant is concerned, from an unlawful act on his part, not amounting to a felony, or from a lawful act negligently performed.' 1 Wharton, Homicide, § 107.

'Definition.--Involuntary manslaughter is a homicide committed unintentionally, but without excuse, and not under such circumstances as to raise the implication of malice. It may arise----

'1. From malfeasance, or the doing of a criminal act not amounting to a felony, nor naturally tending to cause death or great bodily harm.

'2. From misfeasance, or the doing of a lawful act with gross negligence.

'3. From nonfeasance, or the omission to perform a legal duty under circumstances showing gross negligence.' Clark and Marshall, Crimes, § 262.

'Cases of manslaughter have been divided into three classes: (1) Where there was an intent to take life and the killing would be murder but for mitigating circumstances. (2) Where death results from unintentionally doing an unlawful act. (3) Where it results from the negligent doing or omission of an act which, though not in itself wrongful, was attended by circumstances which endangered life; 1 McLain Cr.L. § 335.' 2 Bouvier's Law Dict., p. 2084.

As we shall see, the Delaware cases have accepted this classification, although the two concepts--disobedience to law and negligence--have sometimes been confused.

In the instant case counts 2, 3, 4 and 5 of the indictment charge offenses falling within the first class; counts 1 and 6 charge offenses falling within the second class. The questions certified by the lower court concern the four counts based on violations of law. These questions will be considered together since they present a single point for determination: Does a homicide resulting proximately from violation of a penal law, not amounting to a felony, constitute involuntary manslaughter without proof of rash or reckless conduct amounting to gross negligence?

If the definitions above quoted correctly state the law the answer to this question must be in the affirmative. And a review of the Delaware cases leaves no doubt that our courts, in dealing with the first class of cases involving violations of law, have followed the common law rule.

In State v. Brown, 1 Houst.Cr.Cas., Del. 539, the Court said:

'* * * It is also manslaughter, where one in doing an unlawful act, not felonious nor tending to great bodily harm, undesignedly kills another; or in doing a lawful act without caution, or requisite skill.' 1 Houst.Cr.Cas., Del., at page 553.

The court also said:

'But though the act be in itself lawful, yet if done in an improper manner, whether it be by excess, or culpable ignorance, or want of due caution, and death ensues, it will be manslaughter. So it will be manslaughter if a person is killed by ignorance, gross negligence or culpable inattention, on the part of one assuming to be his physician or surgeon; or, by the negligent driving of a cart or carriage, or the like, ill management of a boat, or by gross carelessness in casting down rubbish from a scaffold, or the like.' 1 Houst.Cr.Cas., Del., at page 554.

The distinction between the two classes has been almost uniformly recognized. State v. Morahan, 7 Penn., Del., 494, 77 A. 488; State v. Dean, 2 W.W.Harr. 290, 32 Del. 290, 122 A. 448; State v. Phillips, 7 W.W.Harr. 544, 37 Del. 544, 552, 187 A. 108; State v. Bell, 8 W.W.Harr. 328, 38 Del. 328, 192 A. 553; State v. Elliott, 1 Terry 250, 40 Del. 250, 8 A.2d 873; State v. Donovan, 1 Terry 257, 40 Del. 257, 266, 8 A.2d 876.

But, as above stated, the charges to juries have sometimes confused the elements that distinguish the two classes. Thus in State v. Long, 7 Boyce 397, 30 Del. 397, 108 A. 36, 38, the court defined involuntary manslaughter as arising 'from an unlawful act, or from a lawful act done without proper caution or skill', but then proceeded to charge the jury as follows:

'* * * we say to you that any one who, while driving his automobile at a higher rate of speed than the law allows, kills another by striking him with (or throwing him from) his car, is prima facie guilty of negligence; and such act will make the driver criminally liable and guilty of manslaughter, if it is clearly shown by the evidence that such unlawful speed was the cause of the death.'

The court further charged:

'And we further instruct you that if the death resulted from the unlawful rate of speed, or from the careless and reckless driving of the car, the fact that the killing was unintentional on the defendant's part does not excuse him. It makes no difference how unintentional it may have been, if the death was caused by the defendant's criminal and gross negligence.'

The court also charged:

'* * * If you believe from the testimony that at the time of the collision of the two automobiles the defendant was driving his car in violation of the statute that governs the speed of automobiles, and that such act was the cause of the death of Margaret Dyer, your verdict should be guilty. And even if you do not believe that the defendant, at the time of the collision, was running his car in violation of said speed statute, but are satisfied that the child's death was caused by gross negligence on the part of the defendant, your verdict should be guilty.'

Thus the first quoted portion of the charge appears to assume that negligence is the essential...