State v. McVay

McVay (defendant), captain of the steamer Mackinac, and the ship's engineer, Grant, knowingly continued operating the vessel despite knowing its boiler was unsafe. The boiler exploded during the voyage, killing three passengers, and McVay and Grant were charged with manslaughter. A third man, Kelley, was charged as an accessory before the fact for allegedly counseling McVay and Grant to take the risk. The trial court certified the question whether an accessory-before-the-fact charge could stand given that manslaughter is by definition sudden and unpremeditated.