Downs v. State

This appeal is prosecuted from a conviction of manslaughter and a sentence of six years in the state penitentiary because of the alleged culpable negligence of appellant in the operation of his automobile as a result of which Richard Neil Stokes, a child nearly nine years of age, lost his life when he and the bicycle upon which he was riding were struck by appellant’s automobile on State Highway No. 42, about one and one-half miles in an easterly direction from the City of Kosciusko.

The evidence disclosed that appellant was driving east upon the highway at a speed of 50 to 60 miles an hour.…