Payne v. State Book Reviews

Payne v. State by Supreme Court of the State of Oklahoma Book Summary

1 The plaintiff in error Guy Payne, defendant below, was charged by information in the district court of Muskogee county, Oklahoma, with the crime of first degree manslaughter, allegedly committed in said county and state on April 11, 1953. More specifically it was alleged that while operating a motor vehicle, to wit, "a 1951 Mercury Fordor Sedan on and along Gibson Street in the City of Muskogee, Oklahoma, while under the influence of intoxicating liquor, and did then and there drive said automobile at a speed greater than was reasonable and proper, having due regard for the traffic, surface and width of the highway and at a speed greater than would permit him to bring said automobile to a stop upon said Street within the assured clear distance ahead; and while so unlawfully driving said automobile as aforesaid, he, the said Guy Payne, had riding with him in said automobile certain persons, to wit: Red Rowe, Milton Pruitt and Allene Rowe Tucker, and the said Guy Payne did then and there wilfully, wrongfully, negligently and feloniously drive and propel said automobile into and over the curbing along said Gibson Street in an unlawful, negligent, culpable and reckless manner, thereby causing said automobile to be wrecked and damaged and said wreck and a concussion of said automobile caused the person of said Allene Rowe Tucker to be thrown from the automobile and thereby did mangle, bruise and break the body of said Allene Rowe Tucker, thereby inflicting wounds upon her, the said Allene Rowe Tucker, of which wound and injuries she, the said Allene Rowe Tucker, then and there died; * *." The foregoing information was attacked by demurrer for duplicity, wherein it was alleged said information was duplicitous in that it alleged first degree manslaughter, Title 21, ? 711 [21-711], O.S. 1951, predicated upon two separate and distinct misdemeanors, to wit, (1) driving while under the influence of intoxicating liquor, and (2) reckless driving; and further that it charged manslaughter in the second degree by reason of culpable negligence. The demurrer was overruled. The overruling of the demurrer is one of the assignments of error herein.

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