Nature of the Case
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Facts
Van Buskirk (D) was driving a car and got into an argument with her boyfriend, Rose. D ordered Rose from the car. Rose was accidentally struck by the car when D leaned over to find her glasses that Rose had knocked off. D drove around Rose and left the scene as he started to get up. Subsequently, another vehicle struck Rose and killed him. D was convicted of involuntary manslaughter. D appealed; the judge should have given an instruction on negligent homicide.
Holding and Decision
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Legal Analysis
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