DocketNumber: No. 4356.
Citation Numbers: 82 P.2d 274, 42 N.M. 500
Judges: BRICE, Justice.
Filed Date: 8/8/1938
Status: Precedential
Modified Date: 1/12/2023
My primary reason for concurring in the majority opinion is based on my deep-grounded belief in the theory enunciated by us in our opinion in the case of State v. Harris,
Mere negligence is not sufficient. It may be sufficient to compel the driver to respond in damages. However, when it comes to responding to an accusation of involuntary manslaughter, with the possibility of a penitentiary sentence, a different rule is called into play.
In the instant case I can not find from the evidence where the appellant was guilty of reckless, wanton and wilful negligence. State v. Harris, supra.
Wright v. City of Montgomery , 477 So. 2d 489 ( 1985 )
Lupro v. State , 603 P.2d 468 ( 1979 )
Peterson v. Jacobson , 2 Ariz. App. 593 ( 1966 )
State v. Huser , 265 Kan. 228 ( 1998 )
State v. Rice , 58 N.M. 205 ( 1954 )
City of Portales v. Shiplett , 67 N.M. 308 ( 1960 )
State v. Fennell , 263 S.C. 216 ( 1974 )
State v. Dutchover , 85 N.M. 72 ( 1973 )
State v. Wiberg , 107 N.M. 152 ( 1988 )
Paddock v. Schuelke , 81 N.M. 759 ( 1970 )
State v. Yarborough , 122 N.M. 596 ( 1996 )
State v. Alls , 55 N.M. 168 ( 1951 )
State v. Deming , 66 N.M. 175 ( 1959 )
City of Portales v. Bell , 72 N.M. 80 ( 1963 )
State v. Yarborough , 120 N.M. 669 ( 1995 )
State v. Richerson , 87 N.M. 437 ( 1975 )