State v. O'Donnell

MB. JUSTICE JOHN C. HABBISON

delivered the Opinion of the Court.

Defendant was convicted of manslaughter by jury verdict in the district court of the second judicial district, Silver Bow County, the Hon. James D. Freebourn, judge presiding, and sentenced to seven years in the state penitentiary. From that verdict and judgment, defendant appeals.

On the night of April 10-11, 1970, at approximately 12:37 a.m., the Butte fire department received a call requesting it to proceed to defendant’s home with a resuseitator. Upon arrival, the firemen found defendant’s stepson, three year old Donald…