State v. Roth

The opinion of the court was delivered by

Hatcher, C.:

This is a direct appeal from a conviction of fourth degree manslaughter under the provisions of K. S. A. 21-420, which provides.

“Every other killing of a human being, by the act, procurement or culpable negligence of another, which would be manslaughter at the common law, and which is not excusable or justifiable, or is not declared in this article to be manslaughter in some other degree, shall be deemed manslaughter in the fourth degree.”

The information charged the defendant with unlawfully and feloniously causing the death of Theodore…