State v. . Peterson

This case is controlled by the decision in S. v. Trott, 190 N. C., 674, 130 S. E., 627, where a conviction of second degree murder, resulting from the reckless operation of an automobile, was upheld, and S. v. Leonard, 195 N. C., 242, 141 S. E., 736, where the verdict was guilty of manslaughter.

The Leonard case, supra, is direct authority for the admission of the evidence tending to show the speed of the truck a quarter of a mile from tbe scene of the wreck. Its excessive speed at the time of the crash is demonstrated by the mute evidence of destruction and death. Likewise, the evidence of…