Royals v. State

HARWTOOD, Judge.

This appellant has been convicted of manslaughter in the first degree.'

The two counts on which this cause went to the jury were counts 1 -and 3, of an indictment originally containing six counts.

Count 1, omitting the formal parts, charged that appellant “unlawfully and intentionally, but without malice, killed Mrs. Georgia E. Russell, by driving an automobile against, upon, or along an automobile in which Mrs. Georgia E. Russell was at the time, thereby causing her death.”

Count 3 is identical with count 1, except that it concludes with the assertion “whereby, from the impact,…