Kirkland v. State

WOODLEY, Judge.

The conviction is for negligent homicide in the second degree; punishment, a fine of $1000.

The unlawful act relied upon was the violation of Art. 6701d (55) V.C.S., in passing a motor vehicle traveling in the same direction on the right side, by driving off the pavement or main traveled portion of the highway.

The statute provides “The driver of a vehicle may overtake and pass another vehicle upon the right only under conditions permitting such movement in safety. In no event shall such movement be made by driving off the pavement or main-traveled portion of the roadway.”

As we…