Gordon v. State

CORNISH, Judge,

specially concurring:

This case presents the interesting question of whéther negligent conduct of the treating physician can act as a sufficient intervening cause to relieve the appellant of criminal responsibility. First, it can be seen that the appellant’s conduct was the cause in fact of the victim’s death, i.e. but for the appellant’s act of shooting the victim he would not have died. The more perplexing issue is whether the appellant's conduct is *809the legal or proximate cause of the victim’s death. The appellant argues that the treating physician’s gross negligence was the…