United States v. Keith

605 F.2d 462 (9th Cir. 1979)

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Nature of the Case

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Facts

Keith (D) was charged with involuntary manslaughter after the car he was driving collided with another vehicle, killing the driver. D was indicted and argued that the indictment failed to allege two key elements of the offense charged and only alleged that he operated his auto without due caution and circumspection; and this alleged only negligence and not the criminal negligence required by the statute and the fact that D had knowledge of the circumstances that would alert a reasonable person to the perils of his conduct. That motion was denied. D appealed his conviction.