State v. Wade

CROCKETT, Justice.

Defendant Johnnie Owen Wade, was convicted in a trial to the court on three counts of automobile homicide1 and was sentenced to an indeterminate term of 0 to 5 years in the Utah State Prison. He attacks his conviction on two grounds: (1) insufficiency of the evidence; and (2) that because he was not found guilty of “criminal negligence,” he cannot be convicted of automobile homicide.

At about 10:30 p. m. on May 10, 1976, defendant and Leo Craig Finster left Walt’s *399Cafe in Santaquin where they had been drinking beer. Defendant drove his pickup truck westward on Highway 91 and,…