Stevens v. State

Appellant was charged by indictment in two counts, Count One charging involuntary manslaughter under Acts 1941, ch. 148, §2, p. 447, being §10-3405, Burns’ 1956 Replacement, and Count Two charging reckless homicide under Acts 1939, ch. 48, §52, p. 289, being §47-2001, Burns’ 1952 Replacement. Appellant was tried by jury, found guilty of reckless homicide as charged in Count Two of the indictment, fined $100 and sentenced to the Indiana State Prison for a term of one to five years.

The overruling of the motion for a new trial is the sole error assigned.

We are confronted at the outset by a…