Spraglin v. State

I am convinced that the undisputed facts show that deceased came to his death as the result of an unavoidable accident, *476brought about by his chasing a ball across a paved highway and into the path of the oncoming automobile driven by appellant.

I am also convinced that in affirming this conviction my brethren have done so upon the erroneous theory that appellant was guilty of negligent homicide.

Here are the undisputed facts as I see them:

The accident occurred upon a paved highway sixty feet in width and running in an east-west direction. The witness Williams lived on the north side of the…