Smith v. State

The appellant, George Smith, was convicted of the crime of manslaughter and' sentenced to serve a term of two years in the state penitentiary. The indictment charges that he “wilfully, unlawfully and feloniously” killed J. L. Frizell. The prosecution was conducted under Section 2232, Code of 1942, providing that the killing of of a human being through culpable negligence shall be manslaughter; and it was shown that Mr. Frizell met his death as a result of being struck by an automobile driven by the defendant.

Since the case must be reversed for a new trial, we shall not set forth the evidence…