WOODLEY, Judge.
The information was in two counts, the first alleging negligent homicide while engaged in the lawful act of driving an automobile and the second charging negligent homicide while engaged in the unlawful act of driving to the left of the center of the highway in overtaking and passing another vehicle proceeding in the same direction when the left side of the highway was not free of oncoming traffic for a safe distance and failing to return to his own...
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