People v. Cassiday

Lesinski, G. J.

Defendant was charged with committing the crime of negligent homicide in violation of CL 1948, § 750.324 * (Stat Ann 1954 Rev § 28.556). Defendant was tried by jury and on January 20, 1965, he was convicted as charged.

The charge arose out of an automobile accident in which Marilyn J. Blanch lost her life while a passenger in a 1960 Volkswagen which was struck from the rear by a 1964 Chevrolet pickup truck driven by the defendant.

At trial prior to submitting the case to the jury for deliberation, the court gave the jury, among others, the following instruction:

“It is the duty of…