Johnson v. State

Appellant was charged by indictment with the offense of involuntary manslaughter. Upon a plea of not guilty, appellant was tried in the Madison County Circuit Court before a jury and found guilty of simple assault. Pursuant to such verdict appellant was fined two hundred fifty dollars [$250] and sentenced to imprisonment in the Madison County Jail for a period of ninety [90] days.

There were several eye-witnesses to the alleged offense and the facts surrounding the incident are substantially without conflict. On April 6, 1968, sometime between 11:30 and 12:00 A.M., Clifford Moore entered the…