Brown v. State

Marshall, Justice.

This case is here on certiorari. As stated in the Court of Appeals’ opinion, the appellant and the deceased became involved in a scuffle, as a result of which the deceased, who suffered from a form of cancer which weakens the bones, received a fracture of the right femur. He subsequently died, and the appellant was indicted for and convicted of involuntary manslaughter. The Court of Appeals affirmed. We granted certiorari for the purpose of reviewing Divisions 1, 2 and 7 (b) of the Court of Appeals’ opinion.

1. In Division 1, the Court of Appeals held that the trial court did…