Edwards v. State

While State Highway Patrolman Morris was standing on the edge of State Highway No. 70 he was struck and instantly killed by an automobile being driven by James Edwards, who was drunk. Edwards was convicted of murder in the second degree, and has appealed.

A homicide of this character, generally speaking, is either involuntary manslaughter, Keller v. State, 155 Tenn. 633, 299 S.W. 803, 59 A.L.R. 685, or second degree murder, Owen v. State, 188 Tenn. 459, 221 S.W.2d 515, and Rogers v. State, 196 Tenn. 263, 265 S.W.2d 559, dependent upon the facts of each particular case. It is insisted in behalf…