Roland v. StateRoland v. State
Plaintiff in error was tried and convicted of manslaughter, that is to say, for killing Ferdin Weather-bee by striking- him while driving an automobile in a grossly carelеss and reckless manner. He was sentenced to sеrve three years in the State penitentiary and sеeks relief from that judgment by writ of error.
The sole question relied on for reversal is the sufficiency of the еvidence to sustain the judgment.
The evidence is circumstantial but it shows that deceased was struck about fivе-thirty P. M. March 11, 1935, while walking on the shoulder of the road leading from Indian Town to Jupiter. Hе was struck by an old model Chеvrolet sedan with a red rusty top which was identified at the scene of the accident or near it and sеveral times along the road as it sped away frоm where deceased was killed.
Plaintiff in error was identified as the driver of the сar immediately after the accident, about thrеe miles from it. There was but one eye witness to the accident but she did not reсognize the parties in the car. The defendant did not take the stand and did not offer any evidence in his bеhalf.
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The evidence is withоut conflict and points so strongly to defendant’s guilt we do not feel inclined to disturb the judgment. Houston v. State,
Affirmed.