Etherington v. State

Appellant was charged with reckless homicide. After a jury trial he was convicted, his fine fixed at $500.00, and his imprisonment, 180 days at the penal farm. He appeals from the judgment rendered on the verdict.

Appellant’s only contention of error on this appeal according to his brief is that the trial court erred in overruling the motion to quash, alleging the affidavit does not state the offense with sufficient certainty.

The affidavit charging reckless homicide is as follows (Tr. p. 9, 1. 28 to Tr. p. 11, 1. 1.) :

“That on or about the 30th day of June, 1955, at the County of Howard, and…