Garrett v. State

DICE, Judge.

Appellant was convicted of negligent homicide of the second degree and assessed punishment of a fine of $250.00.

The record is before us without a statement of facts and the sole question presented is whether the allegations of the information are sufficient to charge an offense. By motion to quash, which was by the court overruled, appellant questioned the sufficiency of the information.

The information, in charging that appellant committed the offense while in the performance of an unlawful act, reads in part:

“*** was in the performance of an unlawful act, to-wit: that the said…