GRAVES, Judge.
The conviction is for negligent homicide. The penalty assessed is a fine of $1,000.00 and confinement in the county jail for 90 days.
It was alleged in the second count of the complaint herein that on or about January 6, 1950, appellant, in said County and State, was engaged in the performance of an unlawful act, that is, he was then and there unlawfully driving and operating a motor vehicle, to-wit, a truck, upon and along a public road and...
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