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31. What is the most serious homicide offense, if any, of which the woman can properly be convicted?
Driving above the speed limit and causing an accident can be charged as reckless driving, a misdemeanor in the jurisdiction.
One evening, a woman was driving above the speed limit on a country road. As she rounded a sharp curve, she lost control of the car and crossed over to the shoulder on the other side of the road. Her car hit a truck that was parked on the shoulder with its hood up while its driver waited for a tow truck. The force of the collision threw the driver out of the truck and down an embankment. The driver died from his injuries.
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A is incorrect. To be found guilty of murder on a theory of malice aforethought, the woman must have intended to kill the driver. The facts presented do not remotely suggest that the woman had that intent. The facts also do not support any theory of imputed malice, such as felony murder or depraved indifference.
B is incorrect. Since the facts suggest the woman did not intend to kill the driver, she cannot be guilty of voluntary manslaughter.
D is incorrect. A jury could rationally convict the woman of involuntary manslaughter under a theory of «misdemeanor-manslaughter.»