Rolls v. State

HARWOOD, Judge.

This appellant stands convicted of manslaughter in the second degree, under an indictment charging the appellant with manslaughter in the first degree in that he killed Joseph J. Price by striking him with an automobile.

The evidence presented by the State tends to show that the deceased and his friend Thomas Utter had ridden their motor bikes out the Birminham-Montgomery highway. One of the motor bikes had broken down, and they were pushing the ■bikes along the highway back to Birmingham.

Utter testified that at a point about five miles south of Birmingham they were thus…