SMITH v. STATE

7 Div. 338.

489 So.2d 638 (1986)

Donald Eugene SMITH v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied February 12, 1986.

Certiorari Denied May 23, 1986.


Attorney(s) appearing for the Case

Donald B. Stewart, and Ralph Brooks, Anniston, for appellant.

Charles A. Graddick, Atty. Gen., and Jean Alexander Webb, Asst. Atty. Gen., for appellee.


Alabama Supreme Court 85-581.

TAYLOR, Judge.

Donald Eugene Smith was convicted of manslaughter by a Calhoun County jury and was sentenced to seven years' imprisonment in the penitentiary.

Smith was charged with vehicular homicide when the automobile he was driving struck and killed a pedestrian. The state's evidence tended to show that Smith's car left the roadway to the right, crossed an emergency stopping lane, and travelled onto the grassy shoulder...

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