Crisp v. State

The appellant was charged with and convicted of manslaughter in the second degree.

The indictment charges that the appellant unlawfully, buti without malice or intention to kill, killed Elmer Paul Jacobs by negligently running' over, upon, or against him with an automobile, against the peacé and dignity of the state of Alabama.

A jury fixed the appellant’s punishment at hard labor for the county for five months, and the appellant brings the case here for review.

In his oral charge to the jury, the learned trial judge instructed them as follows:

“Now, is he guilty or not guilty as charged in the…