State v. Black

McMueray, Judge.

Defendant was indicted for the offense of "Vehicle Homicide (68A-903)” in that, "while operating a motor vehicle on and over said public road and highway, known as State Route No. 11, in a reckless manner, to wit: failing to yield right of way, did unlawfully and without malice aforethought” cause the death of the deceased person. Defendant demurred to the indictment as follows: (1) a special demurrer for the reason that "it is not therein stated whether he is charged with Vehicle Homicide in the first degree or Vehicle Homicide in the second degree”; (2) a special demurrer…