State v. Durley

GREENE, Judge.

On April 5, 1979, defendant Charles Eugene Durley was charged by information with the crime of manslaughter by culpable negligence, in violation of § 565.005.1 The information alleged that defendant unlawfully killed Edith Johnson (his live-in girl friend) as the result of his culpable negligence in handling a gun. Prior to trial, the state filed an amended information, over the objection of defendant. The amended information charged manslaughter by culpable negligence, alleged that manslaughter is a class “C” felony, and stated that defendant was a persistent offender and, as…