State v. Haakenson

VOGEL, Judge,

on rehearing.

The defendant was charged with first-degree manslaughter under an information charging him with killing John Tidball “in a heat of passion” and “without a design to effect the death of John Tidball.” After a jury trial, he was found guilty of second-degree manslaughter under instructions which defined “second-degree manslaughter” as a homicide committed by “culpable negligence,” which is one of the several definitions permitted by statute.

Section 12-27-17, North Dakota Century Code, defines “Manslaughter in [the] first degree” as a homicide “perpetrated without a…