State v. Hefler

MARTIN, Justice.

Defendant brings one issue for our consideration. He argues that the trial court should have dismissed the case at the close of the state’s evidence. The defendant did not present evidence. Defendant bases his assignment upon two contentions.

First, defendant contends that there was insufficient evidence to submit the case to the jury on the charge of involuntary manslaughter.

Involuntary manslaughter is the unlawful killing of a human being unintentionally and without malice but proximately resulting from the commission of an unlawful act not amounting to a felony, or some act…