This section contains the nature of the case and procedural background.

The accident occurred at 9:30 a.m. on a Saturday morning at a street intersection on the outskirts of the city outside the city limits. D was proceeding north on a street which was well marked with 'stop' signs prior to its intersection. The street was marked with a stop sign 112 feet from the intersection. The word “Stop” was painted on the road. The decedent was traveling in a westerly direction, and which was marked only with a 'slow' sign. The right front of D's car collided with the left front and side of the decedent's car. There was ample evidence that D was driving at the rate of 60 or 65 miles per hour and did not stop before entering the intersection. D was convicted of manslaughter for causing the death of a human being by culpable negligence in the operation of his automobile. D appealed.

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