This section contains the nature of the case and procedural background.

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.

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