FRANTZ, Justice.
Jones was charged with, tried for, and found guilty of, violating C.R.S. '53, 40-2-10, i. e., causing the death of one Betty Lou Vinar while under the influence of intoxicating liquor "by operating a motor vehicle in a reckless, negligent and careless manner." He was sentenced to the penitentiary for a period of not less than four nor more than five years. The propriety of the judgment and sentence is under attack by writ of error.
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