State v. Hubbard

At the trial of plaintiff in error, charged with the crime of murder, the court upon its own motion instructed the jury in respect to the law of that offense and of manslaughter in the first degree, but refused to define manslaughter in the second degree or give the following instruction, timely requested by counsel for the accused: “Every killing of one human being by the act, procurement, or culpable negligence of another, which the statute of this state has not declared to be murder, nor manslaughter in the first degree, nor excusable or justifiable homicide, is manslaughter in the second…