State v. Burgess

PHELPS, Justice.

This is an appeal by the State of Arizona from an order granting defendant’s motion to quash the first count of an information charging defendant with negligent homicide under the provisions of A.R.S. § 28-691.

Count I of the information charged that defendant on or about the 25th of March, 1956, “* * * did wilfully and unlawfully operate a vehicle, to-wit: 1950 Buick Sedan, by driving such vehicle in reckless disregard of the safety of others and by reason of such unlawful operation of such vehicle, did cause the death of Paul James Trew, a human being. * * *” Section 28-691,…