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Hames v. State9/23/1991 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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