People v. Tims

Following a jury trial, defendant was convicted of negligent homicide. MCL 750.324; MSA 28.556. On appeal, he argues that the trial court erred in instructing the jury that defendant’s conduct had to be only "a substantial” cause of the accident rather than "the substantial” cause. We reverse.

The fatal accident in this case occurred while defendant and Bobby Osborn were drag racing. Eyewitnesses estimated their vehicles to be traveling at between 70 and 90 miles per hour. Defendant’s vehicle struck and killed the victim approximately three quarters of a mile beyond the start of the race. The…