State v. Brecount

*196The opinion of the court was delivered by

Porter, J.:

Ira Brecount was convicted of manslaughter in the fourth degree and sentenced to serve a term in the penitentiary not exceeding two years. From this judgment he appeals.

The accident upon which the prosecution is based happened in Arkansas City on the first day of July, 1908. The appellant was a substitute fireman in the employ of the fire department of that city. The fire department was called out by a fire alarm, and the appellant, in company with the chief, was making the run in the latter’s wagon. The appellant was driving at a gallop…