State v. Gibler

The opinion of the court was delivered by

Wertz, J.:

Defendant was tried on an information charging him with the crime of manslaughter in the fourth degree (G. S. 1949, 21-420). From a conviction of driving a vehicle within this state while under the influence of intoxicating liquor (G. S. 1949, 8-530), he appeals.

The only question presented by defendant for review is whether the latter offense is a lesser included offense of the former one, as charged in the information.

G. S. 1949, 21-420 reads:

“Every other killing of a human being, by the act, procurement or culpable negligence of another,…