Burgess v. State

The plaintiff in error was convicted of involuntary manslaughter and sentenced to serve not less than one nor more than five years in the State Penitentiary. He has duly appealed from this conviction and has assigned errors in this Court.

On March 27,1962 the plaintiff in error was driving an automobile on a county road in Cocke County, Tennessee, adjacent to the Irish Cut School in that county. The automobile was being driven down a hill during the noon *317recess of the Irish-Out School. A six-year old boy was returning to the school grounds from lunch and came out into the road ahead of the…