State v. Shumway

OPINION

GRANT, Judge.

Appellant/defendant Albert Lee Shum-way was charged by indictment dated October 21, 1980, with negligent homicide, a class 4 felony. Appellant entered a plea of not guilty and the matter was set for trial before a jury. At trial, the state presented the following evidence.

At approximately 6:45 p.m. on August 25, 1980, defendant was traveling east on Northern Avenue in his Buick station wagon. Defendant passed a motorcycle driven by Ernie Padilla, who testified at trial that defendant was traveling at approximately 80 to 90 m.p.h. Defendant then swerved into the westbound…