The Washington times., 1925-08-28
INTENT To
STAY NOT
A VI Al
FACTOR
Court Establishes Precedent
by Refusing to ouash Second
Degree Indictment

Murder is murder, whether
committed with pistol or knife
or an automobile.
"I trust that death-car drivers
will not be misled by the sentence
Of two years in the penitentiary
which Chief Justice Mccoy yes
terday imposed on Walter E..
Roderick, who was indicted for
second degree murder and who
pleaded guilty to manslaughte~ in
connection with a death caused
through his automobile .
This was the statement made
today by Assistant District At
torney James J. O'Leary, conf
menting on automobile murder
cases.
No Let Up In Prosecution
at am not complaining of The
action in permitting Roderick 10
ulead guilty to manslaughter nor
of the action of the court in i'm
posing a sentence of only two
years. said the Government as
sistant prosecutor THE circum-
stances of that case were such that
ultimate justice was achieved by
the courts action. But l trust
that death-car drivers will not be
nisled; they will be prosecuted for
murder and not permitted to plead
guilty to manslaughter.
Regarding the action late yes
terday afternoon of Chief Justice
Mccoy in-everruling the demurrer
and motion TO quash the indictment
I'm the case of Clifton Young nd
Estelle Robinson both colCred, also
indicted for second-degree murder
in an automobile case growing out
II the killing of Sister Cephas, of
Providence Hospital. Mr.. OLeary
expressed his satisfaction.
Decision a Precedent
''That decision is precedent for
sustaining in the National Capitol
indictments for murder in euto-
mobile cases" ne said. "Other in
dictments will follow The deci-
sion yesterday upholdinS all counts
in the indictment against Robinson
and Young means that in this city
automobile cases can lie and will
be prosecuted for first and second
degree murder as well as for man
slaughter"
The Robinson Young case will be-
tried October 30.
The case against Vernon s.
Story and James O'Connor, both
charged with first degree murder
in an automobile death, has been
set for trial for October 10. the
jury disagreeing at the first trial,
and the case against Stuart s.
Hays. charged with riaEslaughter,
also an automobile case, will come
up for trial October q.
Question of Intent to Kill
Further commenting on automo-
bile murders. Mr. O'Leary said:
Judges and lawyers who have MOI
gotten deeply into the matter have
contended that there could be no
murder in automobile cases in the
absence Of an express intent TO kill
This is clearly incorrect. Malice
aforethought, which is the determin.
ing feature Of murder. does nor
necessarily embrace an express in
tent to kill. As the Federal
Supreme Court said i'm Aikens >.
Wisconsin. 195 L. S. 1874, at page
20S:
A death is caused by malice
aforethoueht if. under the circuYn.
stances known to the actor. the
probability Of its ensuing from the
act done is great and manifest ac.
cording to common experience
When man drives an automo.
bile along a public thOrOughfare
either at excessive speed. Oh. with
out watching where he is going
or without sounding a warning. u
without attending to the motive
power. the brakes. or the steering
mechanism. or while drunk. it is
common experience that death will
likely result"