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STATE v. RUBEN

No. 17778.

663 P.2d 445 (1983)

STATE of Utah, Plaintiff and Respondent, v. Frank S. RUBEN, Defendant and Appellant.

Supreme Court of Utah.

March 31, 1983.

Attorney(s) appearing for the Case

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

David L. Wilkinson, Salt Lake City, for plaintiff and respondent.

HALL, Chief Justice:

Defendant appeals his conviction on two counts of automobile homicide, a felony in the third degree.1 He raises two contentions of error: 1) the trial court improperly instructed the jury on the relationship between the elements of criminal negligence and intoxication; and 2) the court's instructions to the jury on simple negligence were inappropriate.

On October 20, 1980, at approximately 8:30 p.m., an automobile...

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