Please do not write your name on your Blue Book. Use your test number. The defense is also unavailable if he was negligent in placoing himself in such a such a situation, whenever negligence suffices to establish culpability for the offense charged. It is an affirmative defense that the actor, in engaging in the conduct charged to constitute an offense, does no more than execute an order of his superior in the armed services wich he does not know to be unlawful. A person is guilty of criminal homicide if he purposely, knowingly, recklessly or negligently causes the death of another human being.
Criminal homicide is murder, manslaughter or negligent homicide.
Such recklessness and indifference are presumed if the actor is engaged or is an accomplice in the commission of, or an attempt to commit, or flight after attempting to commit robbery, rape, or deviate sexual intercourse by force or threat of force, arson, burglary, kidnapping or felonious escape. The reasonableness of such explanation or excuse shall be determined from the viewpoint of a person in the actor's situation under the circumstances as he believe the to be. Manslaughter is a felony of the second degree. Defendant was sentenced to a term of three to nine years to be served consecutively to the remainder of the sentence for which he was imprisoned at the time of the escape. At the time of the present offense, the defendant was confined at the Waterman State Penitentiary.