Howell v. State
| Decision Date | 30 October 1928 |
| Docket Number | No. 24318.,24318. |
| Citation | 200 Ind. 345,163 N.E. 492 |
| Parties | HOWELL v. STATE. |
| Court | Indiana Supreme Court |
OPINION TEXT STARTS HERE
Appeal from Criminal Court, Marion County; James A. Collins, Judge.
Roy Howell was convicted of involuntary manslaughter, and he appeals. Reversed and remanded, with directions.
Robbins, Weyl & Jewett, of Indianapolis, for appellant.
U. S. Lesh, Atty. Gen., and O. S. Boling, of Indianapolis, for the State.
Appellant was charged by indictment, in one count, with involuntary manslaughter (Penal Code, § 351; section 2416, Burns' 1926); that, by driving and operating an automobile at an unlawful, reckless, and wanton rate of speed, at the speed of 35 miles per hour, over Thirty-Eighth street in Marion county (section 16, c. 300, Acts 1913; section 10476C, Burns' 1914), which speed was greater than was prudent and reasonable, having regard to the traffic and the use of the highway, he, as a direct and immediate result thereof, unlawfully and feloniously drove the automobile against and upon Woaneta Franke, and thereby inflicted mortal wounds, which wounds caused her death.
Appellant drove the automobile north on Arlington avenue, turned west, and drove on Thirty-Eighth street to a point east of Layman avenue, the place where the accident occurred, a distance on Thirty-Eighth street of about 2,300 feet. Before the automobile turned into Thirty-Eighth street from Arlington avenue, and before the accident, the deceased, age 9 years, together with her sister Thema Franke, age 12 years, and Helen Ricks, age 14 years, were walking east on the south side of the center of Thirty-Eighth street, approaching Layman avenue. The three girls were hunting tin foil on the public highway. Thirty-Eighth street was improved with a cement concrete driveway, 20 feet wide, in the center of the public highway. As appellant drove west on Thirty-Eighth street, he first saw the three girls when they were between 200 and 250 feet west of him. They were then walking or standing on the south side of the road. When appellant had approached to within 60 feet of the girls, walking apparently in the middle of the road, he sounded the horn. The two girls testified that they did not know of the approach of the automobile until it was within a few feet of them, although one of them was looking to the east before the accident. When the automobile was within the length of a desk (seen by witness in the courtroom) from them, Woaneta, the deceased, saw some tin foil or...
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Boswell v. State, 1267S152
...prove that such was the direct and proximate cause of the death. Dunville v. State (1919), 188 Ind. 373, 123 N.E. 689; Howell v. State (1928), 200 Ind. 345, 163 N.E. 492. * * *' Carter v. State (1968), Ind. 234 N.E.2d The evidence clearly indicates that the decedent was traveling about 40 m......
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Cross v. State, 27905.
...cause of the death. The case at bar is readily distinguishable from Dunville v. State, 1919, 188 Ind. 373, 123 N.E. 689,Howell v. State, 1928, 200 Ind. 345, 163 N.E. 492, and Luther v. State, 1912, 177 Ind. 619, 98 N.E. 640, relied on by the appellant. In each of those cases it was undisput......
- Howell v. State