PEOPLE v. MAIRE

No. 84CA0384.

705 P.2d 1023 (1985)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Duane Leroy MAIRE, Defendant-Appellant.

Colorado Court of Appeals, Div. II.

Rehearing Denied June 6, 1985.

Certiorari Denied September 23, 1985.


Attorney(s) appearing for the Case

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., John Milton Hutchins, First Asst. Atty. Gen., Denver, for plaintiff-appellee.

David F. Vela, Colorado State Public Defender, Claire Levy, Deputy State Public Defender, Denver, Colorado, for defendant-appellant.


KELLY, Judge.

Defendant, Duane Maire, appeals his conviction of vehicular homicide while under the influence of an intoxicant, claiming that the trial court erred in refusing to submit to the jury his tendered instruction on "supervening cause." We affirm.

The charges in this case arose out of a collision that occurred when the defendant's truck ran over a person standing by the roadside. The decedent, Steve Morford, was standing just off the roadway speaking...

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