Franklin v. State

The writ of error brings for review judgment of conviction of the crime of manslaughter occasioned by the alleged culpable negligence of the plaintiff in error in the operation of an automobile on the public highway.

It is first insisted that reversible error occurred by reason of the trial judge refusing to give charge No. 2 requested by the defendant. That charge was in the following language:

“If you should find from the evidence, that the collision in which the deceased lost her life was not caused by the gross negligence of the defendant, it would be your duty to find him not guilty.”

There…