Shiver v. State

SIMMONS, Supernumerary Circuit Judge.

Appellant was indicted for manslaughter in the first degree, convicted by the jury of manslaughter in the second degree with punishment fixed at twelve months at hard labor plus a fine of $500.00. Following due allocution, the trial court entered formal judgment pursuant to the jury’s verdict. This appeal followed.

It appears from the State’s evidence adduced prior to the defendant’s evidence that the deceased was traveling south in his automobile on a public highway and had passed the crest of a hill about thirty feet when his vehicle came in violent…