Broxton v. State

SAMFORD, Judge.

The defendant in the court below, appellant here, was driving his automobile along the public highway between Troy and Elba, and at a point indicated by the testimony in the case he ran over and killed Joseph M. Walden. The defendant was driving his car at a speed of about 35 or 40 miles per hour,, was on the right-hand side of the road, and on a curve in the road. Walden was crossing the main highway at a settlement road when he was struck and killed. The evidence for the defendant tended to prove that the accident was unavoidable and that therefore there was no culpability.…