STEWARD v. STATE

2 Div. 128.

314 So.2d 313 (1975)

James Curtis STEWARD v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied March 18, 1975.


Attorney(s) appearing for the Case

Orzell Billingsley, Jr., Birmingham, for appellant.

William J. Baxley, Atty. Gen., and Joseph G. L. Marston, III, Asst. Atty. Gen., for the State.


W. J. HARALSON, Supernumerary Circuit Judge.

Appellant was convicted of manslaughter in the second degree and sentenced to imprisonment for six months at hard labor for the county.

It appears that all or most of the persons involved in this case had witnessed a ball game at Marion on July 4, 1972, and after leaving the game were proceeding along Highway 5 in a northerly direction toward Brent.

There had been a rain and the highway was wet at a place...

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