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Moreland (D) was riding in his chauffeur-driven car. The chauffeur was operating the car in a criminally negligent manner. At the time of the accident the car was going 50 m.p.h. on a 30 m.p.h. highway around a 10 m.p.h. curve and passing on the illegal side of another car. The car struck and killed someone. Manslaughter is the involuntary killing of a human being without intention to do so but in the commission of some unlawful act naturally tending to destroy the life of a human being. D was convicted of manslaughter. The chauffeur was never located and brought to trial. D appealed: the chauffeur's act could not be imputed to him.

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