State v. Mizelle

CAMPBELL, Judge.

The defendant makes numerous assignments of error in the trial, but since a new trial is being ordered on one assignment of error, we will refrain from discussing the others as they may not arise on a new trial.

The defendant assigns as error the failure of the trial judge to instruct the jury on proximate cause.

We think this assignment of error is well taken. The trial judge instructed the jury that if Willoughby’s death “was the natural and probable result of” the defendant’s acts, then a verdict of guilty of involuntary manslaughter would follow. This was all the definition…