Martinez v. State

DAVIDSON, Judge.

This is a conviction for negligent homicide of the second degree; the punishment, a fine of $2,000.

The unlawful act relied upon to constitute negligent homicide is set forth in the information in the following language:

“ . . . the said Alex S. Martinez was then and there unlawfully driving a motor vehicle, to-wit, a truck upon a public highway on the left-hand side of said public highway when not overtaking and passing another vehicle proceeding in the same direction under the rules governing such movement; nor when the right-half of said roadway was closed to traffic while…