State v. Atkins

CLARK, Judge.

Involuntary manslaughter is defined as the unintentional killing of another person without malice by some unlawful act not amounting to a felony or naturally dangerous to human life or by an act or omission constituting culpable negligence. State v. Wilkerson, 295 N.C. 559, 247 S.E. 2d 905 (1978). Culpable negligence may arise from the “intentional, wilful or wanton violation of a statute or ordinance, designed for the protection of human life or limb, which proximately results in . . . death . . . .” State v. Cope, 204 N.C. 28, 31, 167 S.E. 456, 458 (1933). The trial court…