Smoot v. State

The appellant, Robert Fuller Smoot, was indicted for the offense of murder and, following a jury trial, was convicted of manslaughter. He was sentenced to eight years' imprisonment.

The appellant had been drinking at Crockmier's restaurant on the afternoon of March 28, 1986. The appellant, on his drive home, struck a child riding a bicycle. The victim, seven-year-old Alex Jackson, Jr., died from irreversible brain damage resulting from the collision.

I

The appellant argues that the State failed to prove a prima facie case against him. According to Section 13A-6-3, Code ofAlabama (1975):

"(a) A…