Smith v. State

My Brethren are firm in the belief that this cause should be reversed and remanded.

The original opinion herein states the following:

“Appellant’s chief contention is that the trial court erred in overruling his motion in which he requested the court to peremptorily instruct the jury to acquit him. He bases his contention upon two grounds. First, that injuries which the deceased received were not inflicted upon a highway, but after the automobile had passed from the highway through a barbed-wire fence and into a pasture. Second that the uncontradicted evidence shows that he had no knowledge…