State v. Smith

The opinion of the court was delivered by

Parker, J.:

This is an appeal by the state from an order sustaining a defendant’s motion to quash the information in a criminal prosecution.

We are told and, since the record discloses the defendant was so advised when arraigned and required to plead to the informa tion, shall proceed upon the premise the prosecution was instituted under the provisions of G. S. 1949, 21-407, providing:

“The killing of a human being without a design to effect death, by the act, procurement or culpable negligence of another, while such other is engaged in the perpetration…