Stout v. State

OPINION

ONION, Judge.

The offense is negligent homicide in the second degree; the punishment, three years in the county jail.

In grounds of error #4, 5, 7 and 11 the appellant complains that neither the complaint nor the information contains the phrases “homicide” or “homicide of the first degree” or “homicide of the second degree.” These contentions were raised for the first time on the motion for new trial. It appears to be appellant’s position that despite the sufficiency otherwise of the statements and allegations in such instruments they are defective since nowhere is the phrase “negligent…