Lay v. State

BRICKEN, Presiding Judge.

The deceased named in the indictment came to her death as a result of an automobile accident in a head-on collision with a larger car driven by appellant. He was indicted, charged with the offense of murder in the second degree, and upon his trial was convicted of manslaughter in the first degree, his punishment being fixed at imprisonment in the penitentiary for ten years.

Upon the trial of this case in the court below, and in this court upon appeal, there is no insistence that the defendant intentionally killed the deceased; so the principal question involved is…