State v. Warden

OPINION

Before BENCH, GREENWOOD and BULLOCK,1 JJ. BENCH, Judge:

Defendant appeals his jury conviction of negligent homicide, a class A misdemeanor, in violation of Utah Code Ann. § 76-5-206 (1978). We reverse the conviction.

FACTS

Defendant David R. Warden, Jr., is a licensed and board-certified physician who began practicing family medicine in Kays-ville, Utah, in 1968. As part of his practice, defendant provides obstetrical care, and estimates that he has attended approximately 2500 births, 300 of which have been home deliveries.

In September 1986, defendant was visited in his office by Joanne…