State v. Petersen

522 P.2d 912 (Ore. App. 1974), reversed in part 526 P.2d 1008 (Or. 1974)

Facts

Petersen (D) and another engaged in a drag race on a public street. During the race, the other driver disregarded a stop sign and accelerated through an intersection. The car was struck by a truck, and both the other driver and an occupant in that car were killed. D was convicted of manslaughter. D appealed: the act of accelerating into the intersection was an intervening cause, and his stopping at the intersection was an act of prudence which terminated his recklessness.