State v. Montieth

The defendant was indicted under ORS 163.091 (negligent homicide) after the automobile he was driving struck and killed a boy on a bicycle. The state put on proof that the defendant had been driving while under the influence of intoxicating liquor. The jury found the defendant guilty, and he appeals.

Witnesses to the accident were behind the defendant’s car. They saw only the boy’s body flying through the air. Two boys on bicycles had been proceeding in single file along the right-hand shoulder of the highway, traveling in the same direction as the defendant’s automobile. There was evidence…