Darby v. State

TYSON, Judge.

The Grand Jury of Talladega County indicted the appellant for unlawfully and intentionally, but without malice, killing one Albert McElrath by driving an automobile over him. Jury verdict, judgment, and sentence fixed punishment at one year and one day imprisonment in the State penitentiary.

Alex Mitchell testified that he had been at the IGA store located at the intersection of West Park and Hammett Streets in Sylacauga, Alabama, shortly after 5:00 in the evening of Saturday, November 28, 1970. tie saw the deceased, Albert McElrath, buy a small bag of groceries, come out of the…