Brown v. State

Shulman, Judge.

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 appellant was indicted for and convicted of involuntary manslaughter. This appeal follows.

1. The district attorney was assisted at trial by a special prosecutor chosen and paid by the family of the deceased. At the beginning of the trial, appellant moved to have the special prosecutor disqualified. The denial of that motion is enumerated as error.

Appellant argues…