State v. Risk

ELLETT, Justice:

The appellant seeks a reversal of his conviction of automobile homicide, a felony, upon two assignments of reversible error, viz.:

1. That the trial court erred in refusing to instruct the jury as to the lesser included offense of negligent homicide.

2. That the trial court erred in instructing the jury as to the 0.08 alcohol-blood presumption of Utah Code Annotated, Sec. 41-6-44, in that said presumption applies only to the offense of driving under the influence of intoxicating liquor and not to the charged offense of automobile homicide.

There is no merit to the first…