State v. Beilke

Nelson, Justice.

Defendant was convicted of the crime of manslaughter in the second degree under Minn. St. 1961, § 619.18(3). He appeals from the subsequent order of the district court denying his alternative motion to set aside the conviction, and dismiss the indictment on which it was based, or to grant him a new trial.

Section 619.18 provided that homicide is manslaughter in the second degree—

“* * * when committed without a design to effect death:

$ ‡ $ 4* $

“(3) By any act, procurement, or culpable negligence of any person, which, according to the provisions of this chapter, does not…