Green v. State

OWEN, Chief Judge.

An automobile operated by appellant struck another automobile, causing the death of its driver. Appellant was charged with manslaughter (1) by driving while intoxicated, and (2) by culpable negligence. At the close of the state’s case, the court granted appellant’s motion for judgment of acquittal on the count involving intoxication. The culpable negligence count went to the jury which returned a verdict of guilty as to aggravated assault, a lesser offense.

Aggravated assault is a crime of intent. Where, as here, there is no proof of an intentional assault, proof of intent…