151 Ga. 845 | Ga. | 1921
David Howard was indicted for the offense of murder, it being alleged in the indictment that he did, on the 20th day of May, 1919, unlawfully and with malice aforethought, kill one Hubert Cochran, by driving an automobile against and over the said Cochran. He was tried under this indictment and convicted of the offense of involuntary manslaughter in the commission of an unlawful act; and thereupon he made a motion for a new trial, which' was overruled, and the case was carried by writ of error to the Court of Appeals. That court affirmed the judgment of the trial court, and a writ of certiorari to that judgment was sued out, bringing the case here for review.
Moreover, since the decision of this case by the Court of Appeals, so much of the statute of 1915 under consideration as relates to the regulation of the speed, etc., of motor vehicles and motorcycles has been declared to be void, upon the ground of its unconstitutionality. Jones v. State, 151 Ga. 502 (107 S. E. 765 ).
It is unnecessary to deal with the other grounds of alleged error.
Judgment reversed.