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UNITED STATES v. FLEMING

No. 84-5045.

739 F.2d 945 (1984)

UNITED STATES of America, Appellee, v. David Earl FLEMING, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided July 17, 1984.

Rehearing and Rehearing Denied August 31, 1984.

Attorney(s) appearing for the Case

Steven A. Merrill, Fairfax, Va., for appellant.

Robert J. Cynkar, Asst. U.S. Atty., Alexandria, Va., (Elsie L. Munsell, U.S. Atty., Alexandria, Va., on brief), for appellee.

Before WINTER, Chief Judge, PHILLIPS, Circuit Judge, and HALLANAN, District Judge.

Rehearing and Rehearing In Banc Denied August 31, 1984.

HARRISON L. WINTER, Chief Judge:

This case requires us to decide whether a non-purposeful vehicular homicide can ever amount to murder. We conclude that it can.

I.

Defendant David Earl Fleming was convicted of second-degree murder, in violation of 18 U.S.C. § 1111,1 in the death of Margaret Jacobsen Haley. Mrs. Haley was the driver of an automobile with...

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