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Case library · Chain Reaction

The Pulled Breathing Tube

Kusmider v. State (1984)

Charge: Second-degree murderCourt: Alaska Court of AppealsState: AlaskaDocket: Chain Reaction

The facts

A man went to another man and shot him in the neck. The bullet damaged blood vessels but did not cut a major artery. Paramedics put a breathing tube into the wounded man's throat. On the way to hospital, the wounded man pulled the tube out. His arms had not been tied down. He died about an hour after reaching hospital. The accused says the paramedics' carelessness, not his bullet, caused the death, and that the jury should have been allowed to decide that question.

You have the facts the court had. Guilty or not guilty? Call it in the game with your friends, then see what the court actually decided. Wrong call, you drink.

Citation: Kusmider v. State, 688 P.2d 957 (Alaska Ct. App. 1984)

Read more at law.justia.com. The source reveals the outcome.

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