GILLIAM v. STATE

6 Div. 962.

89 So.2d 584 (1955)

Stancel J. GILLIAM v. STATE.

Court of Appeals of Alabama.

Rehearing Denied February 7, 1956.


Attorney(s) appearing for the Case

Richard O. Fant, Jr., Tuscaloosa, for appellant.

John Patterson, Atty. Gen., and Paul T. Gish, Jr., Asst. Atty. Gen., for the State.


PRICE, Judge.

The indictment charged murder in the second degree. Appellant was convicted of manslaughter in the first degree and was sentenced to serve six years in the penitentiary.

Without dispute in the evidence at about 6:00 P.M. on April 8, 1954, on the Oliver Dam Road in the town of Northport, De-Witt Kenneth Perdue, a child nine years of age, was struck and killed by an automobile driven by appellant. The road was straight and level for some distance...

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