WOODLEY, Judge.
The conviction is for negligent homicide in the second degree; the punishment, a fine of $1,000.
The unlawful act relied upon was the violation of Art. 6701d, § 55, V.C.S., in passing a motor vehicle traveling in the same direction on the right side, by driving off the pavement or main traveled portion of the highway.
The statute provides "The driver of a vehicle may overtake and pass another vehicle upon the right only under conditions...
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