Downey v. State

This appellant, defendant below, was indicted for the offense of manslaughter in the first degree, in that he unlawfully and intentionally, but without malice, killed Bettis DeLoach, by running into him with an automobile, etc.

The trial resulted in the conviction of the defendant of the offense of manslaughter in the second degree, and his punishment fixed at hard labor for the county for a period of 30 days. From the judgment of conviction this appeal was taken.

The trial court in its oral charge said, among other things, that under the evidence the defendant could not be convicted of…