Giles v. United States

DENMAN, Circuit Judge.

This is an appeal from a judgment sentencing appellant to serve a five year term' in the penitentiary for the crime of negligent homicide in violation of Section 4764,, C.L.A., 1933, providing as follows:

“Sec. 4764. Negligent homicide. Every killing of a human being by the culpable-negligence of another, when such killing is not murder in the first or second degree,, or is not justifiable or excusable, shall be deemed manslaughter, and shall be punished accordingly.”

The evidence shows that appellant, who-had been drinking, was in his dwelling, seated on his bed, with a…