State v. Maxfield

Defendant was charged by three separate counts with the crimes of (1) manslaughter, (2) practicing medicine without a license, and (3) practicing chiropractic without a license. The jury found him guilty on all three counts. Judgment and sentence have been entered on counts II and III, from which there is no appeal.

The trial court granted defendant’s motion for a new trial on count I (manslaughter) on the ground that the last sentence of instruction No. 17 to the jury did not correctly state the law. The state appeals.

Lucile Pedersen Cook died November 17, 1952, of a diabetic acidosis. She…