People v. Angelo

At a street intersection there was a collision between two automobiles, a passenger, in one being killed. The driver of the other has been convicted of manslaughter in the second degree. The judgment was reversed by the Appellate Division because it was thought that erroneous instructions were given to the jury as to the meaning of the words “ culpable negligence.” Whether this is so or not requires an analysis of two sections of the Penal Law.

Any killing is homicide — either murder or manslaughter —unless the act is excusable or justifiable. With the latter exception we do not here deal. It…