State v. Gaylor

Defendant was indicted for the crime of negligent homicide (ORS 163.091) and convicted following a jury trial. He raises a number of assignments of error on appeal, but we find his first assignment dis-positive of the case.

A brief statement of facts is helpful in formulating the issue involved. On the night of December 24, 1971, defendant’s automobile collided head-on with another vehicle. One of the occupants of the other vehicle was killed instantly and the other died within a matter of hours. There were no witnesses who could testify as to where on the road the crash occurred. The state’s…