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STATE v. GOOZE

14 N.J. Super. 277 (1951)

81 A.2d 811

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. SAMUEL GOOZE, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided June 21, 1951.

Attorney(s) appearing for the Case

Mr. Paul T. Huckin argued the cause for the plaintiff-respondent (Mr. Francis V.D. Lloyd, attorney).

Mr. Albert S. Gross argued the cause for the defendant-appellant.

Before Judges EASTWOOD, BIGELOW and FREUND.

The opinion of the court was delivered by EASTWOOD, J.A.D.

The question raised by this appeal is whether a person knowingly suffering from a disease, the manifestations of which may recur at any time and cause a sudden "black out" or unconsciousness, may be amenable to the provisions of R.S. 2:138-9. The statute for the violation of which the defendant was indicted provides:

"Any person who shall cause the death of another by driving any vehicle carelessly...

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