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STATE v. HENDRICKS

No. 8008.

123 Utah 267 (1953)

258 P.2d 452

STATE v. HENDRICKS

Supreme Court of Utah.

Decided June 15, 1953.

Attorney(s) appearing for the Case

Grant Macfarlane, Salt Lake City, for appellant.

E.R. Callister, Jr., Atty. Gen., for respondent.

PER CURIAM.

James L. Hendricks was convicted by a jury of involuntary manslaughter.

This appeal challenges the propriety of giving two instructions to which he took due and timely exception. These are:

Inst. 11

"Mere negligence is not sufficient to justify a verdict of involuntary manslaughter. * * * If you believe from the evidence beyond a reasonable doubt, that the defendant was not driving his automobile recklessly or unlawfully...

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