#### STATE v. LATHINGHOUSE.

(Filed 21 October, 1931.)

Appeal by defendant from Devin, J., at June Term, 1931, of Cae-teeet.

No error.

Attorney-General Brummitt and Assistant Attorney-General Seawell for the State.

W. B '. B. Guión for defendant.

*831Pee Oueiam.

The defendant was convicted of involuntary manslaughter. The State’s evidence tended to show that be unintentionally caused the death of Glennie Lewis by operating an automobile on a public highway with culpable negligence. The defendant’s evidence tended to show that the injury resulted from unavoidable accident. The contentions of the parties were clearly presented to the jury, and the charge of the court explained the law as declared in S. v. Rountree, 181 N. C., 535, and the cases therein cited. "We find

No error.