Delarosa v. State

John Y. Delarosa was charged by a two count indictment with the offense of murder in the second degree. Count one charged that he "unlawfully, and with malice aforethought," committed vehicular homicide against Charles Allison McMurray and Christopher Lee McMurray. Count two averred the same killing with the additional charge that the appellant was operating his motor vehicle while intoxicated. A jury found the appellant "guilty of Manslaughter in the First Degree and fix[ed] his punishment at imprisonment in the penitentiary for a term of one year. . . ." The trial court correctly amended…