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STATE v. McPHEE

No. 18810.

684 P.2d 57 (1984)

STATE of Utah, Plaintiff and Respondent, v. James Robert McPHEE, Defendant and Appellant.

Supreme Court of Utah.

June 27, 1984.

Attorney(s) appearing for the Case

Nancy Bergeson, Salt Lake City, for defendant and appellant.

David L. Wilkinson, Atty. Gen., Dave B. Thompson, Asst. Atty. Gen., Salt Lake City, for plaintiff and respondent.

PER CURIAM.

This appeal is from two convictions by jury verdicts of automobile homicide1 and leaving the scene of an accident.2 The appellant urges that there was insufficient evidence to show "criminal negligence," as required in the first offense (under the then existing statute) and consequently that the second charge should prevail.

As appellant points out, intoxication is not prima facie evidence...

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