State v. Warden

ON CERTIORARI TO THE UTAH COURT OF APPEALS

HALL, Chief Justice:

The State challenges a decision of the *1148Utah Court of Appeals1 which overturned a conviction on the ground that there was insufficient evidence for a jury to find Dr. David R. Warden guilty of negligent homicide, a class A misdemeanor.2

In reviewing a case appealed on the ground of insufficiency of evidence, we recite the facts in the light most favorable to the jury’s verdict.3 Warden is a licensed and board-certified physician who has been practicing family medicine in Kaysville, Utah, since 1968. He also provides obstetrical care…