State v. Beshara, 8005.

• Decision Date: 01 September 1937
• Docket Number: No. 8005.,8005.
• Parties: STATE v. BESHARA.
• Court: South Dakota Supreme Court

65 S.D. 445

274 N.W. 836

STATE

v.BESHARA.

No. 8005.

Supreme Court of South Dakota.

September 1, 1937.

Appeal from Circuit Court, Lawrence County; James McNenny, Judge.

Peter Beshara was convicted of reckless driving of automobile, and he appeals.

Order and judgment reversed.

Gale B. Wyman and Francis J. Parker, both of Deadwood, for appellant.

Clair Roddewig, Atty. Gen., and W. E. Weygent, Asst. Atty. Gen., for the State.

WARREN, Judge.

The defendant, Pete Beshara, was informed against under section 3, chapter 251, Laws 1929, with recklessly driving his automobile along a public highway in the city of Deadwood, Lawrence County, South Dakota. Defendant entered a plea of not guilty and, the case being brought to trial, was found guilty of reckless driving and sentenced by the court to three months in jail and a fine of $300. Defendant's motion for a new trial having been denied, the cause is now before us upon appeal.

An examination of the record leads us to the conclusion that this opinion need not deal with the assignments of error relating to the proceedings concerning the absence of the defendant from the trial. We will therefore devote our time to the consideration of the evidence submitted by the State in order to ascertain if it is sufficient to support the verdict and sustain the judgment entered thereon.

The information charges the defendant substantially in the language of the statute, which reads as follows: “Section 3. Reckless Driving. Any person who drives any vehicle upon a highway carelessly and heedlessly in wilful or wanton disregard of the rights or safety of others, or without due caution and circumspection and at a speed or in a manner so as to endanger or be likely to endanger any person or property, shall be guilty of reckless driving and upon conviction shall be punished as provided in Section 64 of this act.” Section 3, chapter 251, Laws 1929.

[1][2][3] We now examine the evidence for the purpose of ascertaining if there is any substantial evidence to support the conviction. For that purpose we accept the statement presented by the respondent in its brief, which is as follows: “The evidence shows that Loraine Gorman, a fifteen year old girl was struck by Defendant's automobile while he turned in on the intersection of Pine Street in the City of Deadwood. That Miss Gorman was dragged about six feet from the sidewalk onto the intersection. Fay Slack, a witness for the State, testified that he saw the accident when it happened. That the girl was rolling under the car right there at the intersection. That the Defendant was driving his car about 15 or 18 miles an hour. That he heard no horn. That the girl was in the middle or the center of the sidewalk. That he...