Public-domain · open source
OpenJurist

71 Mich. App. 28

246 N.W.2d 351

People v. Buck

Michigan Court of Appeals

Decided August 24, 1976

Michigan Court of Appeals · decided 1976-08-24

Cited by 1 later decisions — most recently August 1976

Key passage — most relied on by later courts

“proximate cause of the accident rather than”

quoted by 1 later decision, including People v. Buck

Good law ✅— No negative treatment on recordhow we know

Decided 1976-08-24

View the full empirical analysis of this case →

Per Curiam.

¶1On October 24, 1974, defendant was convicted of negligent homicide, contrary to MCLA 750.324; MSA 28.556, following a jury trial in Clinton County Circuit Court, Judge Leo W. Corkin presiding. Defendant was sentenced on *29November 25, 1974, to a jail term of six months. He now appeals as of right.

¶2Reversible error occurred when the court instructed under the civil rather than criminal standard for determining proximate cause. In criminal cases guilt is personal. The trial court instructed that defendant could be found guilty were the jury to determine that his conduct was "a” proximate cause of the accident rather than "the” proximate cause of the accident. The court thus used the civil standard for testing proximate cause. This was error. People v Layman, 299 Mich 141, 145, 146; 299 NW 840 (1941), People v Jeglum, 41 Mich App 247; 199 NW2d 854 (1972), People v Scott, 29 Mich App 549; 185 NW2d 576 (1971).

¶3Reversed and remanded for proceedings consistent with this opinion.

/71/michapp/28 · .json · Public domain