Weist v. State, 240 Ark. 680, 401 S.W.2d 565 (1966)

April 18, 1966 · Arkansas Supreme Court · 5160

240 Ark. 680, 401 S.W.2d 565

Weist v. State

5160

401 S. W. 2d 565

Opinion delivered April 18, 1966

Frank Slomt, W. B. Howard and Jack Segars, for appellant.

Bruce Bennett, Attorney General, Fletcher Jachson, Asst. Atty. General, for appellee.

George Rose Smith, Justice.

The appellant was convicted of negligent homicide upon proof that his drunken driving caused a traffic collision in which Don Taylor Gazaway was killed. The jury fixed the penalty at imprisonment for one year and a fine of $500.00.

For reversal the appellant urges a single point, that the trial court erred in permitting the prosecuting attorney, over the objection of defense counsel, to ask the witness Gage if he knew that the accused drank. A com: píete answer to this contention is simply that the question was never answered; so there could have been no prejudice. Reynolds v. State, 220 Ark. 188, 246 S. W. 2d 724 (1952).

Affirmed.

Amsler, J., not participating.