Berness v. State

HARWOOD, Judge.

This appellant was indicted for, and found guilty of murder in the second degree.

The State’s evidence tended to show that the appellant and Claud W. Wright were together in Florence on the morning of December 19, 1951.

The two rode around in appellant’s automobile and during the morning drank beer and whiskey. At the last place they stopped Wright took over the driving of the automobile, and they started for the home of appellant’s father-in-law to deliver a pint of whiskey.

As they were travelling down a main highway, at a “pretty fast” speed, the automobile struck and killed…