State v. Scheler

SUMMERS, Justice.

George Scheler, defendant herein, was1 indicted by the Grand Jury of East Baton Rouge Parish for “Negligent Homicide”, in that on September 6, 1958, he “negligently killed Vernon L. Smith.” ' He waived trial by jury and he was tried by the judge, convicted and sentenced to be confined in the penitentiary at hard labor for a term of two years. This appeal followed.

The crime involved is defined by Article 32 of the Louisiana Criminal Code, LSA-R.S. 14:32, as follows:

“Negligent homicide is the killing of a human being by criminal negligence.

“The violation of a statute or…