OPINION
JENKINS, Special Justice.
The defendants, Floyd Morris, operator of the automobile that struck and killed a pedestrian, and Wilbur White, the owner and occupant of the death automobile, were indicted on June 27, 1967, and were convicted by a jury on October 25, 1967, in the Criminal Court of Clay County of involuntary manslaughter and sentenced to five years in the penitentiary.
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