State v. Capps

WADE, Justice.

David V. Capps was convicted of the crime of involuntary manslaughter as a result of a collision between the ear which he was driving and a pedestrian. He appeals from the judgment of his conviction.

The evidence discloses that on February 6, 1946, at about 8 o’clock p. m. appellant was driving a car with a heavily loaded trailer attached south on Highland Drive in Salt Lake County, Utah, when he ran into and killed Neil Summerhays, a boy of about 13 years of age who with a friend was walking south on the west side of the gravelled portion of the road. The accident occurred at…