Britto v. People

Defendant Phillip Anthony Britto was charged with and convicted of vehicular assault as defined in 1965 Perm. Supp., C.R.S. 1963, 13-5-155. In pertinent part, that statute provides:

“(2) Any person with intent to inflict a personal injury upon another, who operates or drives any motor vehicle in a reckless manner. . . and which conduct is the proximate cause of such personal injury, shall be guilty of a felony. . . .” (Emphasis added.)

The defendant’s main assignment of error pertains to the failure of the trial court to grant his motion for a judgment of acquittal at the conclusion of the…