Henson v. Scoggins

Jenkins, Chief Justice.

Lee Thomas Henson was indicted for the offense of involuntary manslaughter in the commission of an unlawful act. The jury returned a verdict of “guilty of involuntary manslaughter in the commission of a lawful act or acts.” No exceptions were taken to the verdict and sentence. The movant in his habeas corpus proceeding contends that this verdict and consequently the sentence based thereon are wholly void, in that the verdict omitted the words, “without due caution and circumspection.” Upon the trial of the habeas corpus proceeding the movant was remanded to custody, to…