Moore v. State

The record having been perfected, the appeal is reinstated and the case considered on its merits.

The information and complaint embraced two counts, the first charging negligent homicide of the first degree and the second, negligent homicide of the second degree. The verdict of the jury was as follows: "We, the jury, find the defendant guilty as charged and assess his punishment at five months in the county jail." The judgment of the court followed the verdict of the jury and failed to show whether appellant was guilty of negligent homicide of the first or second degree. The transcript fails…