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PEOPLE v. MASCARENAS

No. 25309.

509 P.2d 303 (1973)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Jose D. MASCARENAS, Defendant-Appellant.

Supreme Court of Colorado, En Banc.

April 23, 1973.

Attorney(s) appearing for the Case

Duke W. Dunbar, Atty. Gen., John P. Moore, Deputy Atty. Gen., Aurel M. Kelly, Asst. Atty. Gen., Denver, for plaintiff-appellee.

Rollie R. Rogers, State Public Defender, J. D. MacFarlane, Chief Deputy State Public Defender, Lee Belstock, Deputy State Public Defender, Denver, for defendant-appellant.

PRINGLE, Chief Justice.

Defendant, Jose Domian Mascarenas, was convicted pursuant to C.R.S. 1963, 40-2-10, of causing the death of another by driving an automobile in a reckless manner while under the influence of intoxicating liquor. Defendant having waived the jury, the trial was to the court. Testimony at the trial indicated that defendant, while driving south on Highway 285, suddenly left the southbound lane and entered the northbound lane. The northbound lane...

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