State v. Miner

The defendant, Douglas Miner, was charged with manslaughter in connection with the death of Kenith Pavey. A jury was waived and, after trial to the court, the defendant was convicted and sentenced to a term of imprisonment of not less than 2y2 nor more than 3 years.

On appeal to this court the defendant assigns as errors: (1) The court’s failure to strike the testimony of James Pavey as an incompetent witness; (2) The court’s failure to strike the opinion testimony of Dr. Kutsch as having been based on insufficient foundation; (3) Conviction of the defendant upon insufficient evidence; and (4)…