(Download) "State Idaho v. Charles (Charley) Cutler" by Supreme Court of Idaho No. 10336 " eBook PDF Kindle ePub Free
eBook details
- Title: State Idaho v. Charles (Charley) Cutler
- Author : Supreme Court of Idaho No. 10336
- Release Date : January 07, 1971
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
This case is an appeal from the second trial of the defendant wherein he was found guilty of the charge of manslaughter. The
charge resulted from an automobile accident with the defendant driving one of the involved cars. The information charged defendant
with manslaughter and alleged four separate violations of law: (1) that he was driving under the influence of intoxicating
beverages; (2) that he was driving at a speed in excess of the posted limits; (3) that he was driving at a speed greater than
was reasonable and prudent; and (4) that he was driving on the wrong side of the road. Upon that information, trial was conducted
on February 19, 1968, with a resulting verdict of guilty without gross negligence. The court, upon the request of defendant,
submitted interrogatories to the jury in answer to which the jury indicated its findings to be based only on No. (3) above.
The trial court then granted a new trial on the grounds of a lack of showing of proximate cause. At the second trial a lack
of proof on the issue of speed prompted the Judge to remove that issue from the jury. The defendant requested that interrogatories
be submitted to the jury at the second trial, but such request was refused. The second trial resulted in a verdict of guilty
without gross negligence. Defendant appeals from the judgment based on that verdict. We affirm. Appellant first contends that the trial court erred in refusing to grant defendant's motion for dismissal at the Conclusion
of the State's case because the State had failed to prove the corpus delicti and that the court further erred in permitting
the State to (or, as appellant characterizes it, in urging and suggesting that the State) reopen its case for the purpose
of producing further proof on the issue of corpus delicti.
 "State Idaho v. Charles (Charley) Cutler" by Supreme Court of Idaho No. 10336 " eBook PDF Kindle ePub Free){kind=link}