State v. Strescino

As stated by the defendant the “issue in this case is whether or not the two indictments . . . against the defendant, founded upon RSA, 585:9, charging him with . . . second degree manslaughter, punishable under RSA 585:11, are sufficient as a matter of law.” The second-degree manslaughter statute (RSA 585:9) reads as follows: “Every killing of one human being by the act, procurement, or culpable negligence of another, which is not murder, nor excusable nor justifiable homicide, nor manslaughter of the first degree, is manslaughter of the second degree.”

“Culpable negligence” as used in the…