Kidwell v. State

Dissenting Opinion.

DeBruler, C. J.

I would reverse this case on the grounds that there was insufficient evidence that appellant was under the influence of intoxicating liquor at the time of the collision, and that appellant drove his car in reckless disregard for the safety of the victim.

The indictment charged that appellant, while under the influence of intoxicating liquor, drove his car forty-five miles per hour in circumstances where thirty-five miles per hour was a reasonable and prudent speed, that such conduct was in reckless disregard for the safety of the victim, and as a result…