Commonwealth v. Tackett

Opinion of the Court by

Morris, Commissioner—

Certifying the law.

On August 9, 1943, appellee driving his truck on the highway, according to his evidence, unavoidably lost momentary control, and the truck ran across from his side of the road to a point where some women were standing or walking, resulting in the killing of one of the women and an infant child, and injuring two other women in the party. A grand jury returned four true bills against Tackett, two charging assault and battery, and two voluntary manslaughter. Thereafter Tackett went to trial on one of the manslaughter indictments,…