Bates v. People
| Decision Date | 01 June 1964 |
| Docket Number | No. 20664,20664 |
| Citation | 392 P.2d 596,155 Colo. 87 |
| Parties | Robert J. BATES, Plaintiff in Error, v. The PEOPLE of the State of Colorado, Defendant in Error. |
| Court | Colorado Supreme Court |
Paul M. McSwigan, Denver, for plaintiff in error.
Duke W. Dunbar, Atty. Gen., Frank E. Hickey, Deputy Atty. Gen., John P. Moore, Asst. Atty. Gen., Denver, for defendant in error.
Trial by jury resulted in a verdict adjudging Bates guilty of the crime of involuntary manslaughter in connection with the death of Utecht, his death resulting from a two-car automobile collision in the intersection of West Mississippi Avenue and South Santa Fe Drive in Denver. Bates was sentenced to a term in the county jail and by the present writ of error he seeks reversal of the judgment and sentence.
Bates' main argument here is that there is 'not one scintilla of evidence * * * indicating or even tending to indicate that the defendant recklessly and wantonly failed to exercise the care and caution that a reasonably prudent person would have exercised under similar circumstances * * * [or] that his conduct in the operation of his vehicle showed a reckless and wanton disregard for the safety of others.'
In our view this contention is completely untenable, as the evidence in this regard is considerably more than 'one scintilla'. Indeed there is very much evidence tending to establish criminal negligence on the part of Bates. To demonstrate that such is in fact the case, it becomes advisable to allude at least briefly to the evidence adduced upon trial, though any great detail thereof is not necessary.
Utecht was a passenger in a vehicle being driven by one Staag in a northerly direction on South Santa Fe Drive, Staag intending to make a left-hand turn at West Mississippi Avenue so as to proceed in a westerly direction on that street. This intersection, incidentally, is controlled by signal light.
Bates was proceeding in a southerly direction on South Santa Fe Drive approaching West Mississippi Avenue, the speed limit on South Santa Fe Drive being 45 miles per hour. There was much competent evidence to the effect that Bates entered the intersection of South Santa Fe Drive and West Mississippi Avenue on a 'red' or 'stop' light at a speed of some 70-80 miles per hour and that he was under the influence of intoxicating liquor at the time. We deem it unnecessary to belabor the obvious and will merely state that there is evidence to support the...
To continue reading
Request your trial
-
Daniels v. People
...referred to as gross or criminal negligence--and not mere negligence. See Bennett v. People, 155 Colo. 101, 392 P.2d 657; Bates v. People, 155 Colo. 87, 392 P.2d 596; and Trujillo v. People, 133 Colo. 186, 292 P.2d On the other hand, wilful and wanton misconduct, sometimes referred to as gr......