Brown v. State

The cases with which the path of law is paved are fashioned by jurists who must oftentimes determine the course of jurisprudence with little or no illumination of the topography ahead. For the reasons recited in the majority opinion, we are compelled to reverse the trial court’s judgment. In my opinion, however, the law regarding the propriety of a jury instruction on the necessity of “voluntary” conduct is the result of an ill-advised detour taken many years ago.

Common law has long recognized that the unintentional killing of another person does not constitute the crime of murder.1 Whether…