CARLISLE, J.
A verdict of guilty was returned against the defendant upon his trial under an indictment charging him with the commission of involuntary manslaughter, in that "he did unlawfully use and operate a certain automobile, same being a motor vehicle, upon that certain public street and public highway of said State and county known as the Estelle Road, the said accused being then and there under the influence of intoxicating liquors, wines, beers and opiates...
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