Commonwealth v. Nevius

MOREMEN, Justice.

The Commonwealth has appealed from an order sustaining a demurrer to an indictment which purported to accuse William Nevius of voluntary manslaughter, and requests certification of the law.

The descriptive part of the indictment sets forth that Nevius, while operating a motor vehicle “in a negligent, reckless, careless and wanton manner, did run into, upon and against Harold Sims, inflicting divers hurts.” In the remaining portion of this indictment, the Commonwealth abandons the theory of voluntary manslaughter based upon a charge of wanton negligence, and states that Nevius…