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STATE v. HAAKENSON

Crim. No. 432.

213 N.W.2d 394 (1973)

The STATE of North Dakota, Plaintiff and Appellee, v. Earl HAAKENSON, Defendant and Appellant.

Supreme Court of North Dakota.

December 11, 1973.

Attorney(s) appearing for the Case

Thomas F. Kelsch, State's Atty., Bismarck, for plaintiff and appellee.

Daniel J. Chapman, Bismarck, for defendant and appellant.

VOGEL, Judge, on rehearing.

The defendant was charged with first-degree manslaughter under an information charging him with killing John Tidball "in a heat of passion" and "without a design to effect the death of John Tidball." After a jury trial, he was found guilty of second-degree manslaughter under instructions which defined "second-degree manslaughter" as a homicide committed by "culpable negligence," which is one of the several definitions permitted by statute...

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