Fortner v. State

(dissenting). — I am unable to agree with the views expressed in the majority opinion in this case.

I do not think that “the intent to kill” is a necessary element of the offense of manslaughter. In fact, the absence of this element is the factor which differentiates manslaughter from murder in any of its degrees. Manslaughter is not murder. It is a statutory offense and may be committed in many different ways under the provisions of our several statutes without the element of “intent to kill” entering into or constituting any necessary element to be either alleged or proved. This is not in…