The People v. Herkless

Herschel Herkless was indicted, tried and found guilty by a jury in the circuit court of McLean county for the involuntary manslaughter of Otto Gerber with a motor vehicle. After denial of motions for a new trial and in arrest of judgment he was sentenced to the penitentiary for an indeterminate period of from one to fourteen years. He has brought the case here for review by writ of error.

Gerber, with two other boys, Clark Bozarth and Lawrence Kaufman, started out on their bicycles to a Sunday picnic about noon on October 15, 1933. They rode north on a gravel road until they reached its…