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State v. Doub, III

Court of Appeals of Kansas

95 P.3d 116 (2004)

Relevant factsFree

After drinking six beers, Doub (defendant) hit two parked cars leaving a club but fled without stopping because he knew he was drunk, then kept drinking and smoked crack cocaine before speeding and slamming into the back of another vehicle, killing a nine-year-old girl inside; Doub again fled without offering aid and was eventually turned in by his girlfriend. He was charged with and convicted of second-degree depraved-heart murder, and he appealed, arguing insufficient evidence.

IssueFree

Whether depraved-heart murder -- the unintentional killing of another under circumstances manifesting extreme indifference to the value of human life -- was established by evidence of the defendant's reckless, intoxicated driving and repeated failures to stop or render aid.

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