STATE v. WADE

No. 14840.

572 P.2d 398 (1977)

STATE of Utah, Plaintiff and Respondent, v. Johnnie Owen WADE, Defendant and Appellant.

Supreme Court of Utah.

December 5, 1977.


Attorney(s) appearing for the Case

Randall Gaither, Salt Lake City, for defendant and appellant.

Robert B. Hansen, Atty. Gen., Earl F. Dorius, Asst. Atty. Gen., Salt Lake City, Noall T. Wootton, Utah County Atty., Provo, for plaintiff and respondent.


CROCKETT, Justice.

Defendant Johnnie Owen Wade, was convicted in a trial to the court on three counts of automobile homicide1 and was sentenced to an indeterminate term of 0 to 5 years in the Utah State Prison. He attacks his conviction on two grounds: (1) insufficiency of the evidence; and (2) that because he was not found guilty of "criminal negligence," he cannot be convicted of automobile homicide.

At about 10:30 p.m. on May...

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