State v. Morris

DALTON, Judge.

Defendant was convicted of manslaughter, a felony, and his punishment assessed at six months imprisonment in the county jail and a fine of $500. See Sections 559.-070 and 559.140 RSMo 1949, V.A.M.S. The charge was based on culpable negligence in the operation of an automobile causing a collision with an embankment and the death of Judith Kay Swafford, a passenger in the automobile. Defendant has appealed and contends that the evidence is insufficient to sustain a conviction for manslaughter.

We shall state the evidence in a light most favorable to the state, since in determining…