Fugate v. Commonwealth

I must respectfully dissent from the majority opinion in this case because I believe its effect will be to abolish the offense of involuntary manslaughter in the first degree in all homicides resulting from a misuse of a motor vehicle. It doesn’t appear that this result was intended by the framers of the statute. In fact, my research upon the subject proves quite to the contrary. Homicide as a result of an intentional misuse of an automobile was one of the offenses intended to be guarded against.

The law of this Commonwealth as it related to homicide less than murder had become hopelessly…