CANAL ZONE V. BLISSETT & MCPHERSON. 7

disregard for duty-intoxication at the post of duty; ignorance of rules and a failure or no attempt to bring his engine under control, as was or is necessary before the defendant should be charged with being "grossly" negligent as the common usual acceptation of the term grossly implies.
Therefore, I concur in the opinion of the Chief Justice so far as the above applies.
CANAL ZONE versus BLISSETT & McPHERSON.
No. 78. Argued April 24, 1911. Decided May 5, 1911.
MANSLAUGHTER.
Riding a horse at a reckless pace through a crowded thoroughfare as a result of which a child is trampled upon and killed constitutes criminal negligence and the one causing death in such a manner is guilty of manslaughter.
One who is engaged in a commission of an unlawful act not amounting to felony and by such act kills another is guilty of manslaughter.
Appeal from the Circuit Court of the Second Judicial Circuit Wesley M. Owen, judge.
The facts appears in the opinion.
Carrington and Todd and E. M. Robinson for appellants. Charles R. Williams for appellee.
THOMAS E. BROWN, JR., J. The defendants were tried in the Circuit Court of the Second Circuit on an information charging them jointly with the crime of manslaughter in unlawfully killing one Fernando Gaitan on the 11 th day of January, 1911, Gaitan being a boy about 5 years of age. The court found both defendants guilty as charged in the information and from the j udgment of the court below defendants appeal.
The information consists of six counts. Stripped of its legal verbiage the information alleges as the facts on which the charge of manslaughter is founded that on the 11Ith day of January, 1911, while riding their horses on the public road between Empire and Culebra, which road was then and there being traveled upon by various persons, the defendants raced their horses and rode them at a fast and reckless pace and that while they were riding their horses in such manner, either the horse ridden by defendant,

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