State v. Rushing

LETTS, Judge.

The trial court dismissed the information, which charged the defendant with manslaughter by culpable negligence, because the court was of the opinion that a “su-perceding intervening act” was the cause of death. We reverse.

The defendant and the deceased victim were talking in a bar, the latter evincing unhappiness, depression, and a desire to “blow her brains out.” Obligingly, the defendant took the victim out to the parking lot and gave her a .45 caliber pistol produced from his automobile. As described in part in the defendant’s own words:

We went out to the car and I opened the…