State v. Allen

The defendant upon trial by jury was convicted of criminally negligent homicide, ORS 163.145. The charge arose out of a collision between an automobile driven by defendant and a boy on a bicycle, as a result of which the boy died.

On appeal the defendant argues: (1) that his demurrer to the indictment should have been sustained on the grounds that the facts stated in the indictment do not constitute a crime; (2) that since, *458prior to the commencement of the negligent homicide trial he had pleaded gnilty in district court to driving while his operator’s license was suspended, OES 482.-650, at…