State v. Heine

MR. JUSTICE JOHN C. HARRISON

delivered the Opinion of the Court.

Arthur Heine was convicted by a Yellowstone County jury of “driving a vehicle while under the influence of intoxicating liquor,” section 32-2142, R.C.M.1947, and of “aggravated assault,” section 94-5-202, R.C.M. He was specifically accused by Information of deliberately causing a headon collision with another vehicle in which his ex-wife, son, daughter-in-law, and three week old grandchild were riding.

At trial, defendant attempted to convince the jury the collision was only an accident, and that his intoxicated condition *27obviated…