Questão jurídica principal
Whether the accused's driving amounted to murder with eventual intent rather than negligent homicide.
Decisão extraída
The factual findings did not show a sufficiently high risk or acceptance of a mortal outcome; eventual intent was unlawfully inferred.
Fundamentação extraída
In road-traffic cases, gross negligence alone is not enough. The danger must have been so probable that the actor could reasonably be understood as accepting death. Here, the road layout, absence of traffic, vehicle characteristics, and road condition did not make the crash an inevitable or highly probable consequence.