Miller v. State

The indictment in this case charges W. E. Miller and Wade Stewart with committing the crime of murder by driving a Ford “pick-up” automobile, at the unlawful and wantonly reckless rate of speed of sixty miles an hour, into one Horace Marsh on March 31, 1933, in Cherokee county, Georgia, while traveling “from the direction of Canton, Georgia, toward the direction of Marietta, Georgia.”

*684The defendants were tried jointly and convicted, the verdict being as follows: “We, the jury, find the defendant W. E. Miller guilty of involuntary manslaughter in the commission of a lawful act . . without due…