Hynum v. State, 39490

• Decision Date: 24 January 1955
• Docket Number: No. 39490,39490
• Citation: 77 So.2d 313,222 Miss. 817
• Parties: Raymond HYNUM v. STATE of Mississippi.
• Court: Mississippi Supreme Court

Page 313

77 So.2d 313

222 Miss. 817

Raymond HYNUM v. STATE of Mississippi.

No. 39490.

Supreme Court of Mississippi.

Jan. 24, 1955.

P. M. Watkins, Port Gibson, for appellant.

J. P. Coleman, Atty. Gen., by Wm. E. Cresswell, Asst. Atty. Gen., Jackson, for appellee.

HOLMES, Justice.

This is an appeal from a judgment of the Circuit Court of Claiborne County convicting the appellant of manslaughter and sentencing him to serve a term of two years in the State penitentiary. The prosecution is under Section 2232 of the Mississippi Code of 1942, providing that the killing of a human being through culpable negligence shall be manslaughter.

The State charged that the appellant, through culpable negligence in the operation of his automobile, killed Joe Baker. In order to maintain the charge, it was incumbent upon the State to prove beyond a reasonable doubt that the appellant was guilty of such gross negligence on the occasion complained of as to evince on his part a wanton or reckless disregard for the safety of human life, or such an indifference to the consequences of his act under the surrounding circumstances as to render his conduct tantamount to wilfulness. Smith v. State, 197 Miss. 802, 20 So.2d 701, 161 A.L.R. 1.

The sole contention on this appeal is that the proof is insufficient to establish the guilt of the appellant beyond every reasonable doubt, and that the peremptory instruction requested by the appellant should have been granted.

The deceased was killed as the result of a collision between an automobile driven by him and one driven by the appellant. The collision occurred about 12:30 o'clock on Sunday morning, May 18, 1953, a short distance from Port Gibson, on Highway 18. The deceased was driving a 1936 Chevrolet two-doors sedan, with the doors off of it. Accompanying him were John Cupit, John Henry Cupit, Ray Cranfield and Wallace Cupit. John Henry Cupit and Wallace Cupit are the sons of John Cupit, and were then about the ages of sixteen years and twelve years respectively. John Cupit and John Henry Cupit were occupying the front seat with the driver. Ray Cranfield and Wallace Cupit were on the back seat. The appellant was driving a 1941 custom-made Lincoln automobile, and was riding alone. At the time of the collision the deceased was driving west in the direction of Port Gibson, and the appellant was driving east in the direction of Hermanville. The deceased was proceeding down a grade in the highway, and the appellant was ascending the grade. The view of the respective drivers was unobstructed. The occupants of both cars had been at Lyon's Roadhouse where they had spent sometime. Some of them had been drinking beer, but the evidence was conflicting as to those so indulging and the extent of their indulgence. According to the testimony of the State, the appellant was drunk at the roadhouse and had to support himself by leaning against the wall.

The State's proof showed the following with respect to the actual occurrence on the highway: The appellant was drunk. The deceased was sober. The deceased was driving his Chevrolet on his right-hand side of the highway, proceeding at a rate of speed of 25 or 30 miles per hour, and traveling down grade. Appellant's Lincoln was approaching from the opposite direction and was first observed by one of the occupants of the Chevrolet a distance of several hundred yards down the highway. Appellant was driving up-grade at a rate of speed of about 75 miles per...