Bearden v. State

This is a conviction for negligent homicide of the first degree. The jury so expressly found. • • i

Negligent homicide of the first degree arises only while the accused is in the commission of a lawful act.

The information upon which the conviction and finding of the jury were predicated charged the commission by appellant of an unlawful act arising under negligent homicide: of the second degree. The unlawful act alleged was that appellant “did fail to yield the right of way to an automobile on said other highway pursuant to a ‘yield-right-of-way’ sign at or near said intersection, which said…