People v. CALVAREST

This is an appeal from a conviction of manslaughter under 1971 Perm. Supp., C.R.S. 1963, 40-3-104 1 . The defendant urges the unconstitutionality of a portion of the manslaughter statute and error in some instructions. We reverse and remand for a new trial.

On the night of August 7, 1972, the defendant left a union meeting and went to his home. He had recently moved, and in his back yard were tires, car rims, and empty and full moving cartons. He was told by his wife, upon his return, that she had heard dogs barking and was frightened. After going to bed, they again heard the dogs barking, and…