State v. Jensen

The opinion of the court was delivered by

Fatzek, J.:

The defendant, Alfred L. Jensen, appeals from a conviction of manslaughter in the first degree on an information charging that he feloniously killed John B. McMurray by his cul*429pable negligence, without a design to effect death, while engaged in the perpetration of the misdemeanor of driving his automobile on a public highway while under the influence of intoxicating liquor, under circumstances when such killing would be murder at the common law, in violation of K. S. A. 21-407. The principal question is whether the district court erred in…