State v. Bowser

The opinion of the court was delivered by

Hoch, J.:

Appellant was prosecuted on two counts growing out of an automobile accident. Under the first count he was charged *13with manslaughter in the fourth degree; under the second count with leaving the scene of an accident “without giving his .name, address or motor registration number.” (G. S. 1941 Supp. 8-518, 8-520.) The state did not contend that the defendant intended to kill or injure anyone, the charge being based solely on “culpable negligence.” The trial court instructed the jury that if they did not find the defendant guilty of manslaughter…