Gilliam v. State

PRICE, Judge.

The indictment charged murder in the second degree. Appellant was convicted of manslaughter in the first degree and was sentenced to serve six years in the penitentiary.

Without dispute in the evidence at about 6:00 P.M. on April 8, 1954, on the Oliver Dam Road in the town of Northport, DeWitt Kenneth Perdue, a child nine years of age, was struck and killed by an automobile driven by appellant. The road was straight and level for some distance in both directions from the point of impact.

It is also undisputed in the evidence that defendant, who was employed in a Tuscaloosa garage,…