State v. Baum

VAUGHN, Judge.

Although defendant appealed both of his convictions on oral argument, he conceded that his assignments of error are only directed at the conviction for manslaughter.

Evidence for the State tended to show the following: At about 9:00 p.m. on 21 August 1976, the deceased and a companion were walking in a northerly direction along the right side of U. S. Highway No. 158 near Nags Head. It was dark and deceased was dressed in black pants. Traffic was heavy. Deceased was killed when struck from behind by a vehicle being operated by defendant who was also proceeding in a northerly…