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An intervening cause.


When wounds are inflicted by one person on another, which wounds are not within themselves fatal, and a supervening cause intervenes, such supervening cause not being at the direction, request or connivance of the one inflicting the wounds, and that but for such supervening cause death would not have resulted, the infliction of the wounds is not the proximate cause of death, but the supervening cause is the proximate cause, and the one responsible for the death. See Bush v. Commonwealth (1880), 78 Ky. 268; Rigsby v. State (1910), 174 Ind. 284, 91 N.E. 925; Kelley v. State (1876), 53 Ind. 311.


Where a wound is inflicted by one person on another which is not in itself dangerous or necessarily fatal and death results, not from such wound directly nor from such wound indirectly 'through a chain of natural effects and causes, unchanged by human action,' but death results from some cause subsequently arising not at the direction or connivance of the one inflicting the first wound, and but for such subsequently arising cause death would not have resulted, the infliction of the first wound is not the proximate cause of death, but ...

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