(DOWNLOAD) "State v. Makin" by Supreme Court of Kansas " Book PDF Kindle ePub Free
eBook details
- Title: State v. Makin
- Author : Supreme Court of Kansas
- Release Date : January 01, 1978
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 51 KB
Description
The opinion of the court was delivered by This is a direct appeal from a conviction upon trial to the court wherein the defendant-appellant Kenneth D. Makin was found guilty of involuntary manslaughter (K.S.A. 21-3404). The facts are not in dispute. The information reads in part: [O]n or about the 4th of August, 1976, one KENNETH D. MAKIN did then and there unlawfully, wilfully [and] unintentionally kill a human being, to-wit: Jamie R. Reeves, without malice, while in the commission of an unlawful act not amounting to a felony, to-wit: operating a vehicle while under the influence of intoxicating liquor contrary to K.S.A. 8-1567 and driving a vehicle on the left side of the roadway contrary to K.S.A. 8-1514: all of said acts then and there committed being intentional, unlawful, and willful and being contrary to the statutes in such cases made and provided and being against the peace and dignity of the State of Kansas. The defendant's motion to quash the information was overruled and the case proceeded to trial. The sole issue in this appeal involves defendant's contention that the general statute relating to involuntary manslaughter (K.S.A. 21-3404), a class E felony, is superseded by a more specific statute on vehicular homicide (K.S.A. 21-3405), a class A misdemeanor, and thus he was improperly charged under the involuntary manslaughter statute.
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