Brown v. State

CARR, Presiding Judge.

The accused was indicted for the offense ■of manslaughter in the first degree and convicted of the lesser offense of manslaughter in the second degree.

According to the State’s evidence the appellant was driving his automobile while in an intoxicated condition. His car left the highway and ran into a yard near a dwelling where a mother was sweeping and two of her little children were playing. The car overturned and beneath its weight crushed one of the children to death. The child was six years of age. This occurred at about the hour of 4 P.M.

The defendant denied that he…