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United States v. Eric B.

United States Court of Appeals for the Ninth Circuit

86 F.3d 869 (1996)

Relevant factsFree

Eric B. (defendant), a twelve-year-old boy, was given a loaded gun by a friend at school. Over the course of an afternoon he repeatedly pointed the weapon at multiple schoolmates and pulled the trigger, at times with the gun unloaded and at least once with it loaded (though it failed to fire). He also removed and reloaded bullets, showing he understood how the gun worked. He eventually pointed the loaded gun at seven-year-old Nathan Crank and pulled the trigger; this time it fired, killing Nathan. The trial judge acquitted Eric of murder but convicted him of involuntary manslaughter. Eric appealed, arguing he did not know the gun was loaded and, due to his age, did not appreciate the danger his conduct posed.

IssueFree

Whether wanton and reckless disregard for human life is an element of the crime of involuntary manslaughter.

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