State v. Phelps

The opinion of the court was delivered by

Hoch, J.:

The defendant was convicted on two counts of manslaughter in the fourth degree, and sentenced on both counts, the *200sentences to run concurrently. He appeals to this court, assigning errors which will be hereinafter discussed.

Raymond Phelps, the defendant, a resident of Wisconsin, had formerly lived in Topeka, Kan., and had been visiting for several days with his father in Topeka. On the evening of March 7, 1939, he was driving his father’s automobile and had with him five passengers. A young woman was in the front seat with him and two couples…