[DOWNLOAD] "Ray v. State Indiana" by 125 Supreme Court of Indiana No. 29 * Book PDF Kindle ePub Free
eBook details
- Title: Ray v. State Indiana
- Author : 125 Supreme Court of Indiana No. 29
- Release Date : January 30, 1954
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 51 KB
Description
In his petition for rehearing the appellant calls our attention to the fact that he properly challenged the sufficiency of
the facts stated in count one of the indictment to constitute a public offense under the laws of the State of Indiana, by
addressing a motion in arrest of judgment thereto. The motion was overruled. The appellant contends that the reckless homicide statute upon which count two of the indictment is based is specific, includes
all the elements necessary to prove the more general offense of involuntary manslaughter, and so only the reckless homicide
statute is presently in effect. Since count one of the indictment (involuntary manslaughter) was based upon driving an automobile
while under the influence of intoxicating liquor as the proximate cause of death, and wholly fails to charge facts constituting
the offense of reckless homicide, the appellant insists count one of the indictment was insufficient.