STATE v. WALLER

No. 269.

456 P.2d 213 (1969)

80 N.M. 380

STATE of New Mexico, Plaintiff-Appellee, v. Richard Glen WALLER, Defendant-Appellant.

Court of Appeals of New Mexico.

Rehearing Denied June 17, 1969.


Attorney(s) appearing for the Case

James A. Maloney, Atty. Gen., David R. Sierra, James V. Noble, Asst. Attys. Gen., Santa Fe, for plaintiff-appellee.

Fred A. Watson, Watson & Watson, Artesia, for defendant-appellant.


OPINION

HENDLEY, Judge.

Defendant appeals from a conviction of involuntary manslaughter.

Defendant was participating in a "drag" race on a county road north of Artesia. When the race was considered over defendant-driver started to "let off" the accelerator, the car then went into a side skid, left the road, struck a concrete ditch liner and went out into a field. Passenger-owner was thrown from the car and killed. Both defendant and owner had driven...

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