State v. Horton,

139 N.C. 588, 51 S.E. 945 (1905).

Facts

Horton (D) was hunting on the land of another without written permission. That activity was a misdemeanor. D accidentally shot and killed someone while doing his illegal hunting. D was indicted for manslaughter. The jury expressly found that no criminal negligence was involved in D's conduct. However, D was found guilty of an unlawful act involuntary manslaughter. D appealed.