State v. Aarhus

Defendant was convicted of manslaughter in the second degree arising out of a motor vehicle homicide. He was charged under SDC 1960 Supp. 13.2025, which provides "Any person who, being under the influence of intoxicating liquor, without a design to effect death, operates or drives a motor vehicle of any kind in a negligent manner and thereby causes a human being to be killed, is guilty of manslaughter in the second degree." The judgment from which he appeals, dated March 12, 1963, sentenced him to three years imprisonment in the State Penitentiary.

On the morning of October 21, 1960, defendant…