The opinion
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Sydney Smith, C. J.,
delivered the opinion of the court.
The evidence is wholly insufficient to support a finding by the jury that the death of Dan Calcott, Jr., was caused by an act of the appellant so grossly negligent “as to be tantamount to a wanton disregard of, or utter indifference to, the safety of human life.” Smith v. State, 197 Miss. 802 , 20 So. (2d) 701, 706 , 161 A. L. R. 1. Consequently the court below should have granted the request of appellant for a verdict of not guilty.
Reversed, and the appellant discharged.