STATE v. COSTELLO

No. 35489.

59 Wn.2d 325 (1962)

367 P.2d 816

THE STATE OF WASHINGTON, Appellant, v. JOHN FRANCIS COSTELLO, Respondent.

The Supreme Court of Washington, En Banc.

January 11, 1962.


Attorney(s) appearing for the Case

Charles O. Carroll and James D. Burns, for appellant.

John F. Evich and Joseph D. Holmes, for respondent.


OTT, J.

November 9, 1958, John Francis Costello was operating his automobile in a northerly direction upon 16th Avenue Southwest in Seattle, when he struck and mortally wounded Charles W. Johnson, a pedestrian crossing the street at a place other than a pedestrian intersection. Costello was charged with the crime of negligent homicide. The jury returned a verdict of guilty. The court thereafter granted defendant's motion in arrest of judgment for the reason

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