Wells v. State

Appellant was charged in two counts, one with involuntary manslaughter under §10-3504, Burns’ 1956 Repl. [Acts 1929, ch. 189, §1, p. 616] and, two, with operating a motor vehicle while under the influence of intoxicating liquor under §47-2001 (b), Burns’ 1952 Repl. [Acts 1939, ch. 48, §52, p. 289.] He was tried by jury and found guilty on both counts.

The causes for appeal, which appellant has reserved and presented to this court, are as follows:

One: Refusal of the court to give appellant’s tendered instruction numbered 1. This instruction was as follows:

“A person charged with the commission…