McElhaney v. State

On September 9,1966, the plaintiff in error, hereinafter referred to as defendant, was convicted of murder in the second degree and sentenced to serve not more than ten years in the State Penitentiary. The homicide resulted from a two-car automobile accident. Evidence was pre sented that the defendant, the driver of one of the ears, was nnder the influence of alcohol to an advanced degree.

A motion for new trial was filed, argued, and overruled. An appeal has been timely perfected to this Court.

The defendant assigns as error, and argues, that the trial judge committed reversible error when he…