State v. Petersen
Oregon Court of Appeals
522 P.2d 912 (1974)
Petersen (defendant) and Wille agreed to drag race their vehicles through a residential area at speeds exceeding 70 miles per hour in a 35 mph zone; before reaching an intersection, Petersen slowed and stopped his truck, but Wille continued at speed, entered the intersection, and collided with another vehicle, killing both Wille and his passenger Warren. Convicted of manslaughter and two other charges, Petersen appealed, arguing that his act of slowing and stopping before the fatal collision amounted to an effective withdrawal from the reckless conduct.
Whether a defendant who helps create reckless conduct resulting in another's death can be said to have withdrawn from that conduct by performing a responsible act just prior to the death.