DeMary v. State

OPINION ON MOTION TO REINSTATE THE APPEAL

WOODLEY, Presiding Judge.

Sentence which was pronounced prior to notice of appeal has been entered nunc pro tunc and made a part of the record on appeal by supplemental transcript.

The motion to reinstate the appeal is granted and the grounds of error set forth in appellant’s brief will be considered and disposed of.

Prosecution was upon a two count indictment, the first alleging negligent homicide while in the performance of the lawful act of driving an automobile on a public highway, and the second charging negligent homicide while in the performance of…