People v. Clark

Defendant Clark, after a jury trial, was convicted of negligent homicide. He appeals, on the grounds that the court’s charge deprived him of his constitutional right to a trial by jury and that there is no evidence upon which he could have been found guilty of negligence. Clark was charged with having operated ‘a motor vehicle in a careless, reckless and negligent manner but not wilfully nor wantonly and in such a manner as to cause the death of one Lucille Phillips” on December 25, 1939. Clark, with his wife and three children, had spent the day at his father’s home near Kingston, Michigan,…