State v. Dutchover

OPINION

WOOD, Chief Judge.

Convicted of homicide by vehicle, defendant appeals. The issues concern: (1) the sufficiency of the evidence and (2) a refused instruction.

Section 64-22-1, N.M.S.A.1953 (2nd Repl.Vol. 9, pt. 2) defines the crime as “ . . . the killing of a human being in the unlawful operation of a motor vehicle.” The “unlawful operation” relied on by the State was driving a vehicle while either under the influence of intoxicating liquor or under the influence of a narcotic drug, or both. Section 64 — 22-2, N.M.S.A.1953 (2nd Repl.Vol. 9, pt. 2).

Sufficiency of the evidence.

Defendant…