Copeland v. The State

285 S.W. 565 (1926)

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Nature of the Case

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Facts

A little boy and some companions, while on their way from school, were walking close behind, or riding on the coupling pole of, a log wagon. The wagon was loaded with logs, which obstructed view from the front; but, from his position on the saddle mule, Fondren saw the boy as he ran from behind the wagon toward the south side of the road, immediately in front of d's Ford car. Another wagon had just passed the log wagon. McKinley Bingham was driving, with his face to the team. His brothers were looking east and saw the little boy run from behind Fondren's wagon into the road ahead of the automobile which was moving west and meeting Fondren's wagon. One of the Binghams yelled at the boy, but he did not hear or heed the warning, and the automobile struck and killed him. Fondren says that D could not have seen the boy until after he ran from behind the log wagon into the road, and that when the boy came into view D's car was about even with the front wheels of his wagon. The Bingham wagon had just passed Fondren's wagon. After the wagons passed each other, Fondren says D recklessly attempted to run between the rear of his wagon and the rear of Bingham's wagon. Three witnesses testified that according to their opinion, D was driving thirty or more miles an hour. Two others testified that from the sound of the engine he was running more than twenty miles an hour. D insisted that he was running from fifteen to seventeen miles an hour. Fondren says he was running twenty miles an hour when he came up the hill but slowed down as the car approached the wagons. The car ran sixty or seventy feet after striking the boy. According to D, it stopped from fifteen to thirty feet after striking him. The trial court did not instruct the jury that it had to find the boy’s death resulted from D's violation of a statute or committing some negligent or reckless act. D was convicted of involuntary manslaughter and appealed.