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Hames v. State

9/23/1991

hether the negligence of the defendant was the proximate cause of the killing or whether defendant's act or omission was culpably negligent under the circumstances.


Williams at 845-46 quoting State v. Bowser, 124 Kan. 556, 261 P. 846 (1927).


For the foregoing reasons, I would find that the trial court committed fundamental error by failing to provide the jury with defendant's requested proximate cause instruction.




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