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Marshall (D) lent his car to McClary who was drunk at the time. At 3 in the morning, McClary was driving in the wrong direction down an expressway when he collided with a car driven by James Coldiron. The cars collided and both drivers were killed. D was at home in bed when the fatal accident took place. D owned the car, and he voluntarily gave the keys to McClary with the knowledge that D was drunk. D was found guilty of involuntary manslaughter and appealed.

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