State v. Empey

The defendant was charged with, and found guilty of, involuntary manslaughter in the district court of Davis county, Utah. He was duly sentenced to the county jail of said county for a term “not exceeding one year.” He appeals and has assigned a number of errors. We shall consider such assignments as are deemed material in their order.

When the defendant was arraigned in the district court on the charge of involuntary manslaughter, he interposed a plea of former conviction. The court at the trial instructed the jury that there was no evidence in support of defendant’s said plea and withdrew…