McWhirter v. State

DAVIDSON, Judge.

About 8:30 o’clock on the night of September’ 14, 1943, Mrs. Hariman and her- four children (Jessie Mae, age 13; Betty Marie, age 11; Billie Reece, age 6; and Kenneth Leon, age 2 1/2) left their home, in Rotan, to go to the home of her mother, two blocks away. As they were walking in the ditch paralleling the highway, they were all struck by a truck. Kenneth Leon, youngest child, who, at the time, was being carried by Jessie Mae, was killed. Appellant was charged with, and convicted of, having caused the death of the deceased by driving his automobile upon a public highway…