McClung v. State

Defendant McClung was indicted for the crime of involuntary manslaughter on account of the death of Mrs. Fannie Yailes in a highway collision between a truck driven by defendant and another truck in which Mrs. Vailes was a passenger, driven by Jim Vailes, her husband. The trial in Circuit Court resulted in a jury verdict of conviction, with a one-year penitentiary' sentence. Defendant’s appeal is based upon alleged errors in the instructions given and refused by the trial judge.

The evidence given by the prosecution indicated that defendant may have been drunk at the time of the collision,…