Smith v. State

PATTERSON, Judge.

This is an appeal by Terry Allen Smith of his conviction for manslaughter. Appellant was found guilty, by a Houston County jury, of recklessly operating a vehicle and thereby causing the death of the passenger in the car, Ricky Armstrong. He was sentenced to eight years in the penitentiary.

It appears from the record that appellant and Ricky Armstrong were together on the night of May 23, 1986. The two were intoxicated and left a friend’s house to go to Cottonwood to get some cigarettes. On the return trip, their automobile left the highway and crashed, killing Armstrong and…