Criminal negligence as the basis for involuntary manslaughter is judged under an objective standard and, therefore, may be found to exist where the offender either knew or should have known the probable results of his acts. In this case, it was the jury's task, based on the evidence, to determine whether or not appellant acted with malice. From the evidence, the jury could have concluded that appellant did not willfully or purposely kill his child but rather negligently shook the baby, knowing his conduct probably would cause injury. Thus, the evidence supports the instruction on involuntary manslaughter. For these reasons, we affirm the judgment of the trial court.
Involuntary manslaughter is a lesser-included offense of murder.