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Criminal Law Keyed to Kadish
State v. Barnett
Citation:
63 S.E.2d 57 (1951)Facts
The defendant was charged with involuntary manslaughter resulting from the negligent operation of an automobile that caused the death of another person. At trial, the judge instructed the jury that involuntary manslaughter could consist of “the killing of another without malice and unintentionally but while one is negligently engaged in doing a lawful act.” The jury was given the standard definition of negligence but was not instructed on gross negligence or recklessness. The judge also instructed that violation of statutes regulating automobile operation constitutes negligence per se. The defendant was convicted, and appealed on the grounds that the court erred in charging that ordinary negligence is sufficient and that the jury should have been instructed that gross negligence or recklessness was required.
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