Criminal Law-Involuntary Manslaughter- Presence as a Pre-Requisite to Liablity for Permitting an Incompetent to Drive an Automobile

Defendant gave his car keys to an intoxicated friend and permitted him to operate the vehicle while the defendant was at home in bed. As he was driving on the wrong side of the highway, the friend was involved in a head-on collision which resulted in the death of the drivers of both vehicles. Defendant was convicted of involuntary manslaughter and of the misdemeanor of allowing an intoxicated person to operate his automobile. On appeal, held, conviction of manslaughter reversed.

Although one who permits an intoxicated person to drive his car is guilty of a misdemeanor, he cannot be held liable for involuntary manslaughter unless he is present at the time of the fatal event. People v. Marshall, 362 Mich. 170, 106 N.W.2d 842 (1961).