State v. Horton

Horton (defendant) was hunting on another person's land without written permission, a misdemeanor, and accidentally shot and killed someone while hunting. The jury convicted Horton of manslaughter, basing its verdict not on the danger of hunting itself but simply on the fact that he lacked the landowner's permission. Horton appealed.

Whether, for an act to be malum in se and thus criminal, there must be a malicious element or some evil intent on the part of the defendant.