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Mink (D) was engaged to Charles Ricker. Ricker informed D of his intention to break off the engagement. D then put a pistol to her head to kill herself. The gun accidentally discharged and killed Ricker. D was indicted for unlawful act involuntary manslaughter. The jury was instructed that suicide was an unlawful act, and if they found that the killing resulted from the attempted suicide, D should be convicted of manslaughter. D filed an exception to the jury charge that the act of suicide cannot be an unlawful act for the purposes of manslaughter. D was convicted of manslaughter and appealed.

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