LAW 604 Lecture Notes - Lecture 19: Morphine
Document Summary
Common law rule is there is no duty to act. If there is a specific statute governing such behavior (pope) If you have a duty to act arising from outside criminal statute (jones) People v. beardsley (mich. 1907): d saw the victim take tablets of morphine and continued to drink with her. He told another person to help care for her since d was too. D was convicted for owing a duty of care and not exercising it. The fact that this woman was in d"s home did not establish a legal duty; legal duty cannot be imposed by moral obligation. Since there was no duty imposed by law, he did not commit an omission of duty of care. 1962): d was given the illegitimate child of another d to care for. D had the means to feed the child but the child was malnourished and near death. Child died in the hospital after being found and cared for.
