Salamy v. State

CHRISTIAN, Judge.

— The offense is negligent homicide of the second degree; the punishment, a fine of five hundred dollars.

Appellant made a motion to quash the indictment on the ground that it charged no offense, the specific objection now urged being that negligence was not alleged. An inspection of the indictment discloses that the pleader contented himself with charging that appellant was in the performance of an unlawful act, that is, that he was driving an automobile in excess of 20 miles per hour on a street within an incorporated city. Nowhere in the indictment is it charged that there…