Ware v. State

Carlisle, Judge.

1. There being evidence from which the jury would have been authorized to' find that the defendant did not intend to kill the deceased, and that the killing was the result of culpable neglect on the part of the defendant in that he carelessly handled a loaded rifle which he knew was easy to discharge, and that such careless handling resulted in the death of the deceased, such evidence would have authorized a finding that the defendant was guilty of involuntary manslaughter in the commission of a lawful act without due caution and circumspection, and the trial court erred,…