State v. . Dills

We do not perceive any rational theory upon which the case should have been dismissed. There is evidence not only of the defendant’s reckless driving but of his intoxication, and death as a result of the wreck is admitted. The law prohibits the reckless driving of any vehicle upon a highway and the operation of any vehicle upon a highway by a person who is under the influence of intoxicating liquor or narcotic drugs. N. C. Code, 1931, secs. 2621(44), 2621(45). Death caused by a violation of either of these statutes may be manslaughter. S. v. Stansell, 203 N. C., 69.

The defendant noted several…