Cox v. State

DAVIDSON, Judge.

This is a conviction for negligent homicide of the second degree; the punishment, eighteen months in jail.

Negligent homicide of the second degree is committed when the person guilty thereof is in the act of committing or attempting the commission of a misdemeanor. Art. 1239, P. C. and Art. 1240, P. C.

The misdemeanor here relied upon was the failure to observe and stop at a stop sign, which was alleged in the information in the following language: “......and the said Charles Monroe Cox did then and there, while so driving and operating said motor vehicle, unlawfully fail to…