People v. Wardell

Defendant, Harvey Wardell, on April

14,1938, was convicted of the offense of involuntary manslaughter by the operation of an automobile. The information charged the defendant with having caused the death of Leona Proctor while operating an automobile at an excessive rate of speed and while under the influence of intoxicating liquor, and while Leona Proctor was standing in a safety zone.

Defendant appeals and complains of the following instructions given to the jury:

“Before the defendant may be found guilty of wilfulness or wantonness and recklessness, three necessary elements must be found:

“1.…