OPINION.
Mr. Justice PARKER delivered the opinion of the court.
The defendant, Melvin Goich, was charged with manslaughter in that he did unlawfully and feloniously kill Jimmie Whisler, without malice or premeditation, but in the commission of an unlawful act, to wit: driving a motor vehicle while under the influence of intoxicating liquor to such an extent as to be incapable of safely operating said vehicle and driving upon the left side of the highway...
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