Wyrick v. State

Carlisle, Judge.

1. “Involuntary manslaughter shall consist in the killing of a human being without any intention to do so, but in the commission of an unlawful act, or a lawful act, which probably might produce such a consequence, in an unlawful manner.” Code § 26-1009. Where one being the aggressor perpetrates an assault upon another, and the other, in an effort to escape, runs into a place of danger, and there sustains injuries, which result in his death, in a legal sense, the death resulted from the assault, though such assault taken by itself would not likely have produced death. Thornton…