State v. Miles

The opinion of the court was delivered by

Fontron, J.:

This is an appeal by the defendant, Olin Miles, from a conviction of negligent homicide.

The case arises out of an accident which occurred southwest of Wichita on state highway K-42, a two-lane paved road running in a southwesterly direction, when Mr. Miles, driving a 1967 Pontiac hardtop, attempted to pass a car ahead of him driven by Mr. Ronald Tharp. As Miles pulled abreast of the Tharp car he concluded he was too close to clear an oncoming automobile and he thereupon attempted to fall back of Tharp and return to his own, or right hand,…