State v. Long

Citations

• 30 Del. 397
• 7 Boyce 397
• 108 A. 36
• 1919 Del. LEXIS 45

Syllabus

<p>1. Witnesses—Statements at coroner’s inquest admissible for impeachment.</p> <p>In a prosecution for manslaughter, testimony given by defendant at the coroner's inquest under oath, after being warned that any evidence might be used against him is admissible for the purpose of contradiction; Rev. Code 1915, § 1350, making such evidence admissible in case of death of witness, not applying.</p> <p>2. Homicide—Absence of malice distinguishing “manslaughter” FROM MURDER.</p> <p>“Manslaughter,” a species of homicide, is the unlawful killing of another without malice, express or implied, and is either voluntary or involuntary! the distinction between manslaughter and murder being the absence of malice in the offense of manslaughter.</p> <p>3. Homicide—Voluntary and involuntary manslaughter defined.</p> <p>“Voluntary manslaughter” occurs where one person kills another in the heat of passion, while “involuntary manslaughter” occurs where a person, in committing an unlawful act not felonious or tending to great bodily harm, or in committing a lawful act without proper caution or requisite skill, unguardedly or undesignedly kills another.</p> <p>4. Homicide—Driver of automobile at excessive speed, causing death of pedestrian, guilty of manslaughter.</p> <p>Any one who, while driving his automobile at a higher rate of speed than the law allows, kills another, is prima facie guilty of negligence, and such act will make the driver criminally liable, and guilty of manslaughter if the unlawful speed was the cause of death.</p> <p>5. Homicide—Negligent operation of automobile, causing death, manslaughter.</p> <p>Though the driver of a motorcar was not running at a higher rate of speed than the law allows, yet he is guilty of manslaughter where he causes the death of another by gross negligence on his part.</p> <p>6. Highways—Duty of driver in operation of motor vehicles.</p> <p>Under Rev. Code 1915, § 4827, it is the duty of a driver of an automobile upon a public highway to run,