Fought v. State

HOFFMAN, Judge.

Appellant Kermit Fought was tried by a jury and convicted of involuntary manslaughter, a Class D felony. He appeals from the judgment of conviction.

Between 4:00 P.M. and midnight on March 24, 1983, appellant consumed between eight and twelve, twelve ounce servings of beer. He proceeded to operate his pickup truck on State Road 5, near Topeka, Indiana, when he struck and killed a bicyclist. Without stopping, appellant proceeded home and later phoned the police. At 2:45 A.M., police administered a breathalizer and found appellant's blood alcohol content to be .12%. Appellant was…