State v. Costello

November 9, 1958, John Francis Costello was operating his automobile in a northerly direction upon 16th Avenue Southwest in Seattle, when he struck and mortally wounded Charles W. Johnson, a pedestrian crossing the street at a place other than a pedestrian intersection. Costello was charged with the crime of negligent homicide. The jury returned a verdict of guilty. The court thereafter granted defendant’s motion in arrest of judgment for the reason

“ . . . that there was no evidence or proof of recklessness or intoxication on the part of the defendant, which was the proximate cause of the…