State v. Phillips

Defendant appeals from a conviction of negligent homicide (ORS 163.091)① by the trial court sitting without a jury.

The first assignment of error challenges the sufficiency of the evidence. The passenger in the defendant’s car testified that he and the defendant had been drinking beer prior to the accident. Another witness observed the defendant at the scene immediately after the accident and was of the opinion that defendant was under the influence of intoxicating liquor. There was yet another witness who saw the defendant at the hospital after the accident and testified that she smelled…