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PEOPLE v. DAVIS

No. 25811.

528 P.2d 251 (1974)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Donald Ray DAVIS, Defendant-Appellant.

Supreme Court of Colorado, In Department.

November 18, 1974.

Attorney(s) appearing for the Case

John P. Moore, Atty. Gen., John E. Bush, Deputy Atty. Gen., Tennyson W. Grebenar, Asst. Atty. Gen., Denver, for plaintiff-appellee.

Rollie R. Rogers, Colo. State Public Defender, James F. Dumas, Jr., Chief Deputy State Public Defender, Dorian E. Welch, Deputy State Public Defender, Denver, for defendant-appellant.

HODGES, Justice.

Defendant Davis was found guilty of violating C.R.S.1963, 40-2-11. This statute makes it a felony for any person, while under the influence of intoxicating liquor, to inflict bodily injury upon another by operating a motor vehicle in a reckless, careless or negligent manner. The main ground for reversal presented by the defendant is that the jury was improperly instructed that a blood alcohol level of more than 0.10 percent creates a presumption that...

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