State v. Hayes

OPINION..WOOD, Judge, Court of Appeals.

After an automobile accident in which two people were killed, defendant was charged and convicted of involuntary manslaughter under § 40A-2-3, subd. B, N.M. S.A.1953. While various issues aré presented, one is dispositive. That issue is: Was there' evidence of wanton and reckless operation of the automobile sufficient to sustain the conviction? We hold that the evidence is insufficient.

State v. Clarkson, 58 N.M. 56, 265 P.2d 670, held that:

“The wanton and reckless operation of ■ an automobile which must be shown * * in order to secure a conviction for…