Timmons v. State

SPECTOR, Judge.

Appellant was convicted pursuant to a jury verdict upon a charge of manslaughter in two counts: first, by culpable negligence in operating his vehicle; and, second, by operating his vehicle while intoxicated. He was sentenced to imprisonment for six months to three years on the second count based on intoxication, whereas sentencing on the culpable negligence count was deferred indefinitely.

The principal question raised in support of reversing the conviction based on the intoxication count is that the court permitted in evidence, over appellant’s objection, the results of a…