State v. Bast

The defendant was charged with the crime of manslaughter, it being alleged that on July 31, 1943, in Flathead County, he “did wilfully, unlawfully, knowingly and feloniously kill one John Otho Herman, a human being.” A trial was had and the jury returned a verdict of guilty leaving the punishment to be fixed by.the court with an oral recommendation of lenience. The trial court sentenced defendant to the state prison and defendant appealed from the judgment.

The defendant’s motion for the court to direct the jury to return a verdict of not guilty made at the close of the state’s case was…