People v. Tilley

Defendant was convicted of causing a death while driving an automobile under the influence of alcohol, which is a felony. C.R.S. 1963, 40-2-10. In this appeal, defendant’s only contention is that the trial court erred in giving instruction No. 6 to the jury. We agree that the instruction was improper; however, the defendant did not object to the giving of this instruction. Under the evidence of this case, plain error is not involved. Crim. P. 52(b). We therefore affirm.

Two hours after the accident, a blood test showed that the defendant’s blood contained .205 per cent of alcohol by weight.…