State v. Butler

HAMLIN, Justice

(dissenting) :

It is my view that the defendant was tried and convicted upon the Bill of Information as worded in printing and typewriting, before the erroneous amendment in handwriting was made.

It is my further view that the words, “whereby human life was endangered,” when considered with the word, “intentionally,” (which was charged in the information) encompass “foreseeability,” and that “foreseeability” is a matter of evidence. The evidence must show “foreseeability.” Apparently the jury believed that the evidence did so.

I respectfully dissent.