Taylor v. State

CATES, Judge.

This appeal was submitted February 9, 1967, without a brief1 from appellant.

Taylor tried on a second degree murder indictment was convicted of voluntary manslaughter. The jury set his punishment at *680ten years imprisonment. From judgment thereon, Taylor appeals.

I

Driving east on U. S. Highway 278 on April 27, 1965, Taylor drove into a motor scooter. Two boys were killed.

Taylor’s defense was that his act was an excusable homicide, i. e., by misadventure. Taylor testified:

“When I first saw it the motor scooter was coming out of the lower driveway * * * on my side of the highway and it…