People v. Davis

Opinion by

MR. JUSTICE HODGES.

Defendant Davis was found guilty of violating C.R.S. 1963, 40-2-11. This statute makes it a felony for any person, while under the influence of intoxicating liquor, to inflict bodily injury upon another by operating a motor vehicle in a reckless, careless or negligent manner. The main ground for reversal presented by the defendant is that the jury was improperly instructed that a blood alcohol level of more than 0.10 percent creates a presumption that the defendant is under the influence of alcohol. This is a statutory presumption applicable only to certain…