State v. Shoopman

The opinion of the court was delivered by

Waoheneeld, J.

This case comes up from the Appellate Division by reason of a dissent filed there, and the question is whether an acquittal of reckless driving will sustain' a plea of autrefois acquit to an indictment for manslaughter based on the same facts.

The defendant was charged with unlawfully causing the death of a woman “by driving an automobile carelessly and heedlessly, in wanton disregard of the rights and safety” of the victim, contrary to the provisions of R. S. 2:138-9. He entered a plea of autrefois acquit, alleging, under oath, that…