People v. Rosenheimer

Grain", J.

The defendant demurs to an indictment purporting to charge him with a felony in the violation of a provision contained in subdivision 3 of section 290 of chapter 374 of the Laws of 1910, commonly called the Callan Law. The demurrant challenges the constitutionality of such provision, and, moreover, contends that the allegations in the indictment fail to allege and negative a violation of such law.

*369The material portions of the statute are that “Any person operating a motor vehicle who, knowing that injury has been caused to a person or property, due to the culpability of the said…