Kelly v. State

Appellant, defendant in the trial court, seeks review of a judgment and sentence of ten years in the state penitentiary for manslaughter by culpable negligence.

The state charged appellant with four counts of manslaughter: two by driving while intoxicated; and two by culpable negligence. The jury returned its verdict finding appellant guilty only of the latter two charges.

The facts viewed most favorably to the state on an appeal from a conviction demonstrated that appellant was involved in an auto accident with another vehicle resulting in fatalities to the occupants, Newton Vogel and Frances…