PRICE, Judge.
The indictment charges murder in the second degree. On the trial the court gave the general affirmative charge as to murder. The jury found the defendant guilty of manslaughter in the first degree and fixed his punishment at three years in the penitentiary.
On March 8, 1949, at 4:30 p. m. of a clear day, appellant driving a 1937 Model one and a half ton truck, was traveling north on the Leesburg-Collinsville highway in Cherokee County. Deceased...
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