Napier v. State

Appellant was originally charged by an indictment in two counts, Count 1 charging involuntary manslaughter and Count 2 charging reckless homicide. Upon the conclusion of the State’s evidence the State moved for and *640obtained a dismissal of the charge of reckless homicide. At the conclusion of the trial the jury returned a verdict finding appellant guilty of involuntary manslaughter. Upon this verdict appellant was sentenced to the Indiana State Prison for a period of two to twenty-one years.

The record in this case discloses the following facts:

On June 5, 1966, the appellant and decedent, Henry…