Hubbard v. Commonwealth
Court of Appeals of Kentucky
202 S.W. 2d 634 (1947)
Hubbard (defendant), arrested for public drunkenness, forcibly resisted a jailer, deputy Dyche, and a judge's efforts to incarcerate him; during the struggle, Dyche, who had a known serious heart condition and had felt unwell hours earlier, put his hand on his heart, sat down, and then rolled around on the ground before dying, without ever being struck by Hubbard. Doctors testified Dyche died of his heart condition, though the physical exertion and excitement of the struggle likely accelerated his death. Hubbard was convicted of voluntary manslaughter and appealed.
Whether the defendant is guilty of homicide for an indirect act when the victim would not have died in the absence of an intervening act for which the defendant was not responsible.