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STATE v. LANCASTER

No. 10787.

20 Utah 2d 80 (1967)

433 P.2d 312

THE STATE OF UTAH, PLAINTIFF AND RESPONDENT, v. RICHARD EARL LANCASTER, DEFENDANT AND APPELLANT.

Supreme Court of Utah.

November 1, 1967.

Attorney(s) appearing for the Case

Sumner J. Hatch, Salt Lake City, for appellant.

Phil L. Hansen, Atty. Gen., Gerald G. Gundry, Asst. Atty. Gen., Salt Lake City, for respondent.

NORSETH, District Judge:

This is an appeal by the defendant from a jury conviction of involuntary manslaughter which occurred on November 8, 1965. The action was brought under Section 76-30-5(2), Utah Code Annotated, 1953, which defines involuntary manslaughter as the unlawful killing of a human being without malice:

* * * in the commission of an unlawful act not amounting to a felony, or in the commission of a lawful act which might produce death, in an...

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