Geele v. State

Duckworth, Presiding Justice.

(After stating the foregoing facts.) The indictment charges in each count the killing of a human being without any intention to do so, but in the commission of “a lawful act, which probably might produce such a consequence, in an unlawful manner,” as provided in the Code, §.26-1009. This same Code section defines a higher grade of involuntary manslaughter as .a killing without any intention to do so, but “in the commission of an unlawful act.” It is difficult to separate sharply an unlawful act from a lawful act done in an unlawful manner. This difficulty is made…