State v. Masino

[17] The criminal negligence alleged on the part of these defendants consisted of an omission of a duty which they were charged to perform. It is my opinion that this alleged omission continued up to the explosion, which allegedly was caused by this omission, and which occurred on February 19, 1946, killing several persons, and that this date constitutes and is the date of the offense — all as charged in the indictment. Article 32 of the Criminal Code, which defines negligent homicide and provides punishment therefor, was in full force and effect on February 19, and was not a retrospective or…