State v. Darchuck

Defendant was convicted of the crime of manslaughter and sentenced to a term.of eighteen months in the state penitentiary. His motion for a new trial was denied and he appeals from the judgment. The charge was based upon section 10959, Revised Codes, the material parts of which read as follows: “Manslaughter is the unlawful killing of a human being, without malice. It is of two kinds: * * * 2. Involuntary, in the commission of an unlawful act, not amounting to felony.”

The prosecution was based upon the above-quoted part of section 10959. The state contended, and introduced proof, that the…