Holt v. State

The indictment was in Code form and was not subject to the motion to quash or to any ground of the demurrer. Code 1923, § 4556, form 72. Moreover, the judgment, if any, on the motion to quash and on the demurrer, does not appear in the record proper and is not here reviewable. McGilvray v. State, ante, p. 120, 154 So. 599; Alabama Southern Digest, Criminal Law, 1088 (18).

The homicide in this case arose out of an automobile accident. There was a collision on a public highway between a car driven by the defendant and another car in which the deceased was riding. The state's evidence tended to…