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STATE v. HAYES

No. 8169.

421 P.2d 439 (1966)

77 N.M. 225

STATE of New Mexico, Plaintiff-Appellee, v. Richard Allen HAYES, Defendant-Appellant.

Supreme Court of New Mexico.

December 12, 1966.

Attorney(s) appearing for the Case

Robert S. Skinner, Raton, for appellant.

Boston E. Witt, Atty. Gen., Donald W. Miller, Paul J. Lacy, Asst. Attys. Gen., Santa Fe, for appellee.

OPINION

WOOD, Judge, Court of Appeals.

After an automobile accident in which two people were killed, defendant was charged and convicted of involuntary manslaughter under § 40A-2-3, subd. B, N.M.S.A. 1953. While various issues are presented, one is dispositive. That issue is: Was there evidence of wanton and reckless operation of the automobile sufficient to sustain the conviction? We hold that the evidence is insufficient.

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