DICE, Commissioner.
The conviction is for negligent homicide in the second degree; the punishment, three hundred sixty-six days in jail.
The second count of the information, under which appellant was convicted, charged that while engaged in the performance of an unlawful act "of driving his motor vehicle onto the left hand roadway of a public road which was then and there divided into two (2) roadways by a physical barrier, to-wit, an esplanade, at a place...
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