State v. Hay

In State v. Darchuck, 117 Mont. 15, 156 Pac. (2d) 173, 175, decided February 20, 1945, this court in reversing a conviction of involuntary manslaughter because of the failure of the trial court’s instruction No. 16 to include “proximate cause” as an element of the crime, said: “It is our view that because of the giving of instruction No. 16, the defendant is entitled to a new trial.”

In the instant case the trial court’s instructions Nos. 17 and 31, given over defendant’s objections, contain misstatements as to the law and are clearly erroneous under any possible state of facts. Such…