State v. Bailey

Citations

• 107 Kan. 637
• 193 P. 354
• 1920 Kan. LEXIS 139

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Manslaughter — Death from Culpable Negligence in Driving Automobile — Within Operation of Statute Defining Manslaughter in Fourth Degree. The operation of the statute punishing as manslaughter the involuntary killing of another by means of the culpable negligence of the offender extends to a case where death results from the negligent operation of an instrumentality invented subsequent to the enactment. „</p> <p>2. Same — Limiting Speed of Automobiles Within Police Power of State. A statute limiting the speed of automobiles on city streets to twelve miles an hour is within the police power of the state.</p> <p>3. Same — Information—Not Bad for Repugnancy. A conviction of manslaughter in the fourth degree, alleged to have been committed by the defendant’s running into the person killed while driving an automobile at an unlawful speed, will not be set aside because of the overruling of a motion to quash the information for repugnancy based on the ground that it contained an allegation that the act was willful as well as that it was the result of negligence.</p>