State v. Smith

Hatcher, Judge:

Defendant seeks reversal of a judgment entered upon a conviction of involuntary manslaughter.

While Samuel Supan was pushing a wheelbarrow close to the right-hand curb of a paved street about thirty feet wide, in broad daylight, with no opposite traffic near him at the immediate time, he was struck from behind by a truck, and later died of injuries then received. The truck was proceeding at a moderate rate of speed, but, according to two witnesses who had been following it for about a half mile in an automobile, the truck had been pursuing a very erratic course. A bystander…