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STATE v. ANDERSON

No. 8731.

352 P.2d 972 (1960)

STATE of Idaho, Plaintiff-Respondent, v. Loren D. ANDERSON, Defendant-Appellant.

Supreme Court of Idaho.

Rehearing Denied June 21, 1960.

Attorney(s) appearing for the Case

Dean Kloepfer, Burley, Black, Black & Oliver, Pocatello, for appellant.

Graydon W. Smith, former Atty. Gen., Frank L. Benson, Atty. Gen., Wm. E. Swope, Jedd G. Owens, Asst. Attys. Gen., Charles H. Creason, former Pros. Atty., and Wm. T. Goodman, Pros. Atty., Rupert, for respondent.

SMITH, Justice.

Respondent, by its information, accused appellant of the indictable misdemeanor of negligent homicide, which is defined by I.C. § 49-1101, which reads:

"(a) When the death of any person ensues within one year as a proximate result of injury received by the driving of any vehicle in reckless disregard of the safety of others, the person so operating such vehicle shall be guilty of negligent homicide."

The information charges that...

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