State v. Malmay

[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] The defendant, Emmett Malmay, is appealing from his conviction of negligent homicide on an indictment charging him with manslaughter and his sentence thereunder. During the course of his trial he reserved five bills of exceptions.

In the argument in brief defendant's counsel abandons his first bill and concedes that the second is without merit under our present jurisprudence that proof of an overt act or a hostile demonstration on the part of the deceased must be…