Espinoza v. People

Plaintiff in error, hereinafter referred to as defendant, was convicted of causing a death while driving an automobile under the influence of intoxicating liquor in contravention of the provisions of C.R.S. ’53, 40-2-10. The trial court sentenced the defendant to a term in the state penitentiary and he seeks review on writ of error.

The statute above cited in pertinent part reads as follows:

“Any person while under the influence of intoxicating liquor * * *, who causes the death of another by operating or driving any automobile * * * in a reckless, negligent or careless manner, or with a wanton…