STATE v. BRADY

No. 36,326.

244 Minn. 455 (1955)

STATE v. ELMER EDWARD BRADY.

Supreme Court of Minnesota.

May 6, 1955.


Attorney(s) appearing for the Case

Alfred J. Weinberg, for appellant.

Miles W. Lord, Attorney General, Thomas J. Naylor, County Attorney, and John T. Naughtin, Assistant County Attorney, for the State.


THOMAS GALLAGHER, JUSTICE.

Defendant was convicted of criminal negligence under M.S.A. 169.11 in the death of Joseph Thomas Westby, an 8-year-old boy, killed by defendant's car July 19, 1953, at about 8:45 p.m., while riding his bicycle on the north shoulder of highway No. 216 near Hibbing.

Defendant appeals from the denial of his motion for judgment notwithstanding the verdict or for a new trial. He contends that (1) the evidence is insufficient to support...

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