State v. Hanks

On April 17, 1945, shortly after 8 o’clock in the evening defendant in error while driving his automobile north on Highway 47 in the town of Menasha ran down and killed Charles R. Zimmerman, a boy seventeen or eighteen years old, who was riding a bicycle in the same direction. Defendant in error was prosecuted under sec. 340.271(1), Stats., which provides:

“Any person who by operation of any vehicle while under the influence of alcoholic beverages or narcotic drugs shall cause the death of another shall be deemed guilty of negligent homicide. ...”

The jury found defendant in error guilty but…