Rowell v. State

Bell, Chief Judge.

Defendant was convicted of involuntary manslaughter. The indictment charged that by the commission of the unlawful acts of driving an automobile while under the influence of alcohol and driving to the left of the center of a public highway he collided with another vehicle causing the death of its driver. Amended Code § 26-1103 (a). The district attorney in his opening statement mentioned that the appellant had been requested to take a test to determine the alcoholic content in his system and had refused to take it. The defendant’s motion for mistrial as to this statement was…