Hubbard v. State

CARR, Presiding Judge.

On an indictment charging manslaughter in the first degree the accused was convicted of the offense of manslaughter in the second degree.

It appears that at about nine o’clock at night a wrecker pulled the decedent’s automobile out of a ditch up onto the traveled portion of the highway. While the driver of the wrecker and the deceased were standing beside the wrecker the latter was struck and fatally injured by a passing automobile which was being driven by the. appellant.

The defendant contended at the trial that the two parked vehicles occupied practically all of the…