State v. Iverson

CALLISTER, Justice.

Defendant was charged under the automobile homicide law, Section 76-30-7.4, U.C.A. 1953, with causing the death of Hermania Padilla by driving an automobile while under the influence of intoxicating liquor and carelessly and recklessly causing her death on August 23, 1958, in Salt Lake County. The trial was to a jury and at the close of the state’s case the defendant made a motion to dismiss upon the ground that the state had failed to prove its case. The trial judge took this motion under advisement, and the trial proceeded.

After all the evidence had been presented by both…