Ferguson v. State

WOODLEY, Judge.

The information was in two counts, the first alleging negligent homicide while engaged in the lawful act of driving an automobile and the second charging negligent homicide while engaged in the unlawful act of driving to the left of the center of *433the highway in overtaking and passing another vehicle proceed-in the same direction when the left side of the highway was not free of oncoming traffic for a safe distance and failing to return to his own right side before coming within 100 feet of the oncoming traffic.

Both counts were submitted to the jury and the following verdict was…