Smith v. State

On the evening of September 6, 1928, two small boys, . Hershall Johnson and James Edward Johnson, were struck by an automobile, at the edge of a concrete road in the suburbs' of Chattanooga. Hershall Johnson was •killed and his brother was severely injured. As a result of this accident three indictments were returned against the plaintiff in error, Orb Smith; one for manslaughter for killing Hershall Johnson; one for an assault and battery committed upon James Edward Johnson; and a third for driving an automobile while under the influence of intoxicating liquor. There was a joint trial, with…