Alford v. State

But for its retrogressive treatment of “voluntarily engaging] in conduct” vis a vis “an accidental act,” I would be satisfied to join the majority. See opinion, at 622, 623 and 624. As it is, I merely concur in the judgment.

Under former penal codes, circumstances which excused or extenuated an offense included any “act done by accident ” except in cases “where there has been a degree of carelessness or negligence which the law regards as criminal.” Article 39, P.C. 1925.1

Now, however, “[tjhere is no law and defense of accident in the present penal code, and the bench and bar would be well…