Line v. State
| Decision Date | 09 December 1950 |
| Citation | 27 Beeler 380,234 S.W.2d 818,191 Tenn. 380 |
| Parties | , 191 Tenn. 380 LINE v. STATE. |
| Court | Tennessee Supreme Court |
Francis W. Headman, Boyd W. Cox, Knoxville, for plaintiff in error.
Nat Tipton, Asst. Atty. Gen., for the state.
Defendant appeals from conviction of involuntary manslaughter and punishment of 11 months and 29 days in the county workhouse.
Defendant was tried below on a three-count indictment which is as follows:
'First Count: That heretofore, to-wit: on the ___ day of October, 1949 in the State and County aforesaid J. E. Line alias J. E. Lines alias J. C. Line was then and there operating and driving a motor vehicle upon and along a public highway, to-wit: along Maynardville Highway carelessly and heedlessly in wilful and wanton disregard of the rights and safety of others and in so doing did unlawfully, carelessly, negligently and recklessly collide with Edmond W. Tidwell as a result of which said Edmond W. Tidwell died, so that the Grand Jurors say that said defendant is guilty of involuntary manslaughter, contrary to the statute and against the peace and dignity of the State.
'Second Count: And the Grand Jurors aforesaid, upon their oaths aforesaid, further present and say: That said defendant at said time and place and on the date aforesaid, was operating and driving said vehicle upon said highway without due caution and circumspection at a speed and in a manner so as to endanger any person and property and in so doing did unlawfully, carelessly, negligently and recklessly collide with Edmond W. Tidwell as a result of which said Edmond W. Tidwell died, so that the Grand Jurors say that said defendant is guilty of involuntary manslaughter, contrary to the statute and against the peace and dignity of the State.
'Third Count: And the Grand Jurors aforesaid upon their oaths aforesaid further present and say: That said defendant, at said time and place and on the date aforesaid, was operating and driving said motor vehicle upon and along said highway while under the influence of an intoxicant and while under the influence of narcotic drugs and in so doing did unlawfully, carelessly, negligently and recklessly collide with Edmond W. Tidwell as a result of which said Edmond W. Tidwell died, so that the Grand Jurors say that said defendant is guilty of involuntary manslaughter, contrary to the statute and against the peace and dignity of the State.' (Our emphasis.)
With no objection to the sufficiency of this indictment, Defendant pleaded 'not guilty,' an went to trial on all three counts. The jury brought in a general verdict of 'guilty' with punishment as stated.
At about 11:00 o'clock on the night of October 29, 1949, on State Highway No. 33, a mile or more north of Fountain City, the Defendant and a woman companion, Ruth Helton, were coming south toward Knoxville, when the Defendant's Ford car developed ignition trouble and stopped running. The Defendant undertook to repair the damage and to start the car without success. He ran his battery down so that it would not turn the motor, and finally sent Ruth Helton along...
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