Wright v. State

CATES, Judge.

December 19, 1951, Wright and Francis Louis Berness were in an automobile going East from Florence, Alabama, on U. S. Highway 72. Near Tate’s store, some fifteen miles from Florence, the car was seen to go across to its lefthand side of the paved portion of the highway and strike Miss Ella Wee Tays, who was walking East along the north shoulder of the road.

The judgment on first trial was reversed (38 Ala.App. 64, 79 So.2d 66; 262 Ala. 420, 79 So.2d 74). Thereafter, on November 7, 1955, the defendant was again brought to trial and this time found guilty of first degree…