MOORE, Justice.
Plaintiff in error, hereinafter referred to as defendant, was convicted of causing a death while driving an automobile under the influence of intoxicating liquor in contravention of the provisions of C.R.S. '53, 40-2-10. The trial court sentenced the defendant to a term in the state penitentiary and he seeks review on writ of error.
The statute above cited in pertinent part reads as follows:
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