Upton v. State

Deen, Judge.

The verdict was guilty of involuntary manslaughter in the commission of an unlawful act. The only unlawful act on which the court charged the jury was the offense of speeding, and as to this there is no evidence whatever except the fact that the wife was in fact injured when she hit the roadway and the fact that the defendant admitted he was going between 45 and 60, and the speed limit at that time of night being 50. Things which may prove two contradictory results equally prove neither. The defendant was, according to his statement, going slightly over or slightly under the speed…