State v. Gulke

The defendant Henry Gulke was charged in an information filed by the State’s Attorney of Dickey County, North Dakota with the commission of the crime of manslaughter in the first degree, under the provisions of paragraph one, Section 12-2717, RCND 1943. This section provides that homicide is manslaughter in the first degree “When perpetrated without a design to effect death by a person while engaged in the commission of a misdemeanor;”.

The trial court instructed the jury on manslaughter in the first degree and also on the included offense of manslaughter in the second degree. The jury…