Little v. State

Involuntary manslaughter (by means of an automobile); sentence (per jury verdict) nine months in county jail.

I

Appellant was convicted in a municipal court of reckless driving but the judgment was suspended pending a trial de novo. This second tier proceeding was still pending at the time of the trial of the instant indictment for the homicide. Hence, under Ludwig v. Massachusetts, ___ U.S. ___, 96 S.Ct. 2781,49 L.Ed.2d 732 there has been no jeopardy within the meaning of the prohibition in the State or Federal Constitutions.

Moreover, though reckless driving may be a component of second degree…