Click v. State (164 S.W.2d 664, 1942)

DAVIDSON, Judge.

This is an appeal from a conviction for negligent homicide of the second degree; the punishment, a fine of $500.

The unlawful act which was charged as constituting negligence on the part of the appellant was “that the said Aubrey Click was then and there unlawfully driving and operating a motor vehicle, to-wit, an automobile, upon and along a public road and highway, to-wit, United States Highway No. 80, in the County of Dallas, State of Texas, on the left hand side of said public road and highway, when the said left hand side of said road and highway was not then and there clear and unobstructed for a distance of fifty y