State ex rel. Cornelier v. Black

1988

Court: Wisconsin Court of Appeals

Facts: Cornelier was boss of a fireworks plant ("Pyro Science Development Corporation!") that went kablooey when an employee plugged in an electrical fan. There were all sorts of safety code violations, and Cornelier knew about them.

Posture: No trial yet. Defendant petitions for relief because the criminal complaint fails to state a cause of action: there's no reckless "conduct" in which he engaged-- he just failed to act.

Issue: Can a failure to do something be a kind of reckless conduct?

Holding: Yes. Writ denied.

Rule: The crime of reckless homicide can be committed by omission as well as commission.

Reasoning: A criminal complaint has to state a probable cause. Probable cause isn't certitute: it's just more than a mere possibility, established by the facts or reasonable inferences therefrom. It's reasonable to assume that Cornelier knew of the risks. Failing to act can establish reckless conduct.

Dicta: Don't assume that just because case law says that X is an ingredient in Z that it's safe to infer that Y is not also an ingredient.