Vaughn v. State
| Decision Date | 20 April 1929 |
| Docket Number | A-6767. |
| Parties | VAUGHN et al. v. STATE. |
| Court | United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma |
Syllabus by the Court.
Culpable negligence is the omission to do something which a reasonable, prudent man would do, or the doing of something which a man would not do, under the circumstances surrounding the particular case.
In a case of manslaughter committed through gross or culpable negligence, while doing a lawful act, a duty which was neglected or improperly performed must be charged, as well as the acts constituting a failure to perform, or improper performance.
An information for the violation of section 1745, C. O. S. 1921 which charges that the defendants did willfully, unlawfully and feloniously drive a certain Ford touring car automobile against, onto, and over the body of one Irene Romine, said driving of said automobile on the part of the said defendants being with utter disregard for the safety of the said Irene Romine, and wholly indifferent to the health, safety, and life of her, thereby inflicting upon the body of the said Irene Romine certain mortal wounds, from which she died, the said driving of said automobile onto, upon, and over the said Irene Romine being an act of culpable negligence on the part of the defendants, does not meet the requirements of the Code of Criminal Procedure of this state, as such statement and information does not so specifically inform the defendants of the acts constituting the offense charged, and the demurrer thereto should have been sustained.
Appeal from District Court, Creek County; Thos. S. Harris, Judge.
Fred B Vaughn and another were convicted of manslaughter in the second degree, and they appeal. Reversed and remanded, with directions.
Frank P. Smith, of Sapulpa, for plaintiffs in error.
Edwin Dabney, Atty. Gen., for the State.
The plaintiffs in error, hereinafter referred to as the defendants, were convicted in the district court of Creek county on a charge of manslaughter in the second degree, and their punishment fixed at two years each in the penitentiary. Motion for new trial was filed, overruled, exceptions saved and the defendants have appealed to this court.
Omitting the caption, signatures, and affidavit of the information filed against the defendants, the information is as follows:
"In the name and by the authority of the state of Oklahoma, now comes W. F. Pardoe, the duly qualified and acting county attorney, in and for Creek county, state of Oklahoma, and upon his oath of office gives the district court of Creek county, state of Oklahoma, to know and to be informed that Fred B. Vaughn and Bill McFarland did, in Creek county, and state of Oklahoma, on or about the 7th day of October, in the year of our Lord one thousand nine hundred and twenty-six, and anterior to the presentment hereof, commit the crime of manslaughter in the second degree, in the manner and form as follows, to wit: That said defendants, then and there being and acting together, did then and there willfully, unlawfully, and feloniously drive a certain Ford touring car automobile against, onto and over the body of one Irene Romine; said driving of said automobile upon the part of said defendants being then and there done with utter disregard for the safety of the said Irene Romine and wholly indifferent to the health, safety and life of her, the said Irene Romine, thereby inflicting upon the said body of her, the said Irene Romine, certain mortal wounds, from which said wounds the said Irene Romine did then and there, languishing, die; that the said driving of said automobile into, upon and over the said Irene Romine, being an act of culpable negligence on the part of them, the said defendants, in such manner the said defendants did slay and kill her, the said Irene Romine-contrary to the form of statutes in such cases made and provided, and against the peace and dignity of the state."
When the case was called for trial, the defendants filed a motion to strike the information on the ground of its failure to charge any facts constituting the offense sought to be charged, or any other offense against the laws of the state of Oklahoma; and, second, they filed a demurrer to the information on the ground that it wholly failed to state facts sufficient to constitute a cause of action on behalf of the state against the defendants, or either of them. The motion to strike the information and demurrer to the information was overruled, and defendants duly excepted. The trial proceeded and...
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