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STATE v. IVERSON

No. 9103.

10 Utah 2d 171 (1960)

350 P.2d 152

STATE OF UTAH, PLAINTIFF AND APPELLANT, v. LeROY IVERSON, DEFENDANT AND RESPONDENT.

Supreme Court of Utah.

March 7, 1960.

Attorney(s) appearing for the Case

Walter L. Budge, Atty. Gen., Jay E. Banks, Dist. Atty., Peter F. Leary, Asst. Dist. Atty., John L. Black, Asst. Dist. Atty., for appellant.

Horace C. Beck, Salt Lake City, for respondent.

CALLISTER, Justice.

Defendant was charged under the automobile homicide law, Section 76-30-7.4, U.C.A. 1953, with causing the death of Hermania Padilla by driving an automobile while under the influence of intoxicating liquor and carelessly and recklessly causing her death on August 23, 1958, in Salt Lake County. The trial was to a jury and at the close of the state's case the defendant made a motion to dismiss upon the ground that the state had failed to prove its...

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