State v. Haley, 9725
Decision Date | 02 December 1957 |
Docket Number | No. 9725,9725 |
Citation | 318 P.2d 1084,132 Mont. 366 |
Parties | The STATE of Montana, Plaintiff and Respondent, v. Robert HALEY, Defendant and Appellant. |
Court | Montana Supreme Court |
G. J. Jeffries, Roundup, argued orally, for appellant.
Forrest H. Anderson Atty. Gen., William F. Crowley, Asst. Atty. Gen., Larry O. Foss, County Atty., Harlowton, William F. Crowley argued orally, for respondent.
Teenage Vicki DeBotts was instantly killed in an automobile smashup in Harlowton, Montana. Robert Haley, the driver of the death car, was informed against, tried by a jury and convicted of the crime of manslaughter for such killing. From the judgment of conviction entered against him on the jury's verdict and from the order denying him a new trial the defendant Haley has appealed assigning fourteen specifications of error.
Defendant first specifies as error the disallowance of his motion to dismiss the proceedings and the overruling of his objection to the admission of any testimony both made at the outset of the trial, wherein he claimed that the information is insufficient to charge the commission of a public offense.
The information charged that the defendant Robert Haley 'on the 16th day of September, 1956, at the County of Wheatland, State of Montana, committed the crime of manslaughter committed as follows: to-wit: That he, the said Robert Haley, did then and there, knowingly, wilfully and feloniously kill one * * * Vicki DeBotts, a human being, which act was prohibited by law, and contrary to the form, force and effect of the statute in such case made and provided and against the peace and dignity of the State of Montana.'
The information is in the form prescribed in R.C.M.1947, Sec. 94-6404. It complies with the requirements of R.C.M.1947, Sec. 94-6403 and Sec. 94-6405. It meets the tests provided in R.C.M.1947, Sec. 94-6412. It is sufficient. State v. Duncan, 130 Mont. ----, 305 P.2d 761; State v. Souhrada, 122 Mont. 377, 380, 204 P.2d 792; State v. Heaston, 109 Mont. 303, 307, 97 P.2d 330; State v. Shannon, 95 Mont. 280, 285, 26 P.2d 360; State ex rel. Borberg v. District Court, 125 Mont. 481, 490, 240 P.2d 854; State v. Gondeiro, 82 Mont. 530, 268 P. 507. There is no merit in defendant's specification of error No. 1.
Next defendant contends that the evidence submitted is insufficient to warrant conviction and that the trial court erred in denying his motion to dismiss the proceedings made after the close of the state's case. The evidence herein shows:
The defendant Robert Haley and his wife resided at Martinsdale, Montana at the times hereinafter mentioned. At about 7:30 or 8 o'clock on the evening of September 15, 1955, Haley accompanied by two Cameron brothers, George, aged 17 years, and Gilbert, aged 20, left the Cameron ranch located about three miles northwest of Martinsdale, and drove to Two Dot, Montana, where Haley stopped his automobile, a four door 1947 model, Pontiac, and entered a bar to get something to drink. The Cameron brothers did not enter the bar but remained in Haley's car.
After an absence estimated by him at 'maybe fifteen, twenty minutes' Haley came out of the bar carrying two six packs of beer which he placed in the Pontiac. He then proceeded to drive toward Harlowton, Montana. While so enroute the occupants of the car were engaged in drinking of the beer just purchased and each consumed at least two cans of beer on the way.
At about 8:30 o'clock that evening Haley and his two companions arrived in Harlowton. There they proceeded to drive about the city for a while during which time the three continued their beer drinking in the car. Finally Gilbert left the car and entered the Corner Cafe to have coffee with the understanding that he would again he picked up in fifteen or twenty minutes.
Haley and George Cameron continued to cruise about the streets of Harlowton until about 9:30 o'clock in the evening when George observed on the street near the movie theatre, Vicki DeBotts, a teenage girl, with whom he had been keeping company, whereupon Haley stopped his car near the theatre. George stepped out and he and Vicki De Botts entered the theatre where they remained for approximately five minutes.
In the meantime Helen Burbee, aged sixteen years, who was cashier and ticket seller at the theatre, had completed her shift of work and was leaving the theatre, when, at Haley's invitation, she entered defendant's parked car and was sitting in the front seat with Haley when George Cameron and Vicki DeBotts emerged from the theatre and entered the automobile where they occupied the rear seat.
Helen Burbee testified that as she entered Haley's car she 'knew he had been drinking, but he wasn't drinking much.'
Haley then drove to the Corner Cafe where, at about 10 o'clock p. m., he picked up Gilbert Cameron who climbed in the rear seat with his brother, George and Vicki DeBotts. The five then rode about the city for awhile and finally parked down in the river bottoms near the Milwaukee railroad tracks where they remained for about an hour during which time more beer drinking took place in the car.
Helen Burbee testified that so for as she could remember the only members of the party whom she saw drinking while the car was so parked near the railroad tracks were the defendant Haley and George Cameron. However, Haley testified that while there parked he and the two Cameron brothers consumed one can of beer each.
Gilbert Cameron testified that the drinking that night was not limited solely to the twelve cans of beer purchased by Haley at Two Dot but that upon leaving the place where they were parked near the railroad tracks Haley again drove up town to the Lounge Tavern in Harlowton where he purchased more beer. Gilbert Cameron testified: 'I think it was a six pack--I wouldn't--that's what I saw.' Haley disputed this statement and testified that only two additional cans of beer were obtained at the Lounge.
Upon leaving the Lounge Tavern Haley drove about three miles westerly and northerly from Harlowton on State Highway No. 6 to the Nick Muir ranch where he turned off the highway, crossed a cattle guard and entered Muir's pasture, where at about 11:15 or 11:30 p. m. the five parked for another hour or so during which time there was more beer drinking in the car.
As to the quantity of beer there consumed and as to who did the drinking the testimony is again in conflict. Haley testified that while parked at the Muir ranch he drank one can of beer and that he believed the Cameron brothers drank one can each. Gilbert Cameron denied that he drank anything while there parked. When asked whether any beer drinking was done at the Muir place Helen Burbee testified: 'I wouldn't say sure; I think there was.' When asked if there was any drinking in the car as it was proceeding along the highway on the return trip from the Muir ranch to Harlowton she said: 'I don't remember.'
On the return trip to Harlowton from the Muir ranch Haley was behind the wheel driving. He and Helen Burbee, sitting on his right, occupied the front seat while the Cameron brothers and Vicki DeBotts occupied the rear seat with Vicki sitting at the extreme right, George Cameron in the middle and Gilbert Cameron at the extreme left.
From the Muir ranch Haley drove his car southerly and easterly on Highway No. 6. At the city limits there was a road sign marking such city limits and giving notice of the speed limit of 25 miles per hour within the city.
Helen Burbee testified that she knew of this road sign and of the speed limit and that as the car approached such city limits she admonished Haley to slow down 'because he was going more than twenty-five.'
Highway No. 6 passes through Harlowton and is one of the main highways of the state. At the time and place here involved such highway was dry, level and smooth. It extends in a southeasterly direction from the west city limits for approximately five or six blocks to a point where it crosses a street known as Avenue A at which place of intersection the highway curves and turns to the left and then extends in an easterly direction through the city.
To the south and east, being on the southerly side of this curve was the Ford Garage housed in a large building painted white which fronted on Avenue A from where it extended easterly along Highway No. 6 to an alley. In the northwest corner of the Ford Garage was a sheltered driveway wherein were located three white service station gasoline pumps and a white steel pole from which was suspended the 'Ford' garage sign. In approaching such garage on and along said highway from the direction of the Muir ranch the driver of any automobile on crossing Avenue A, must either promptly change his course or stop his vehicle to avoid a collision with the garage and its equipment.
Helen Burbee testified that on the trip back to Harlowton she sat at about the middle of the front seat. When asked if the defendant Haley had both hands on the wheel all time she answered 'I don't know whether he did or not.' She then was examined as follows:
Gilbert Cameron testified Haley's car was travelling between 70 and 80 miles an hour as it entered the city limits and that it slowed down to approximately 50 miles an hour as it approached the turn at the Ford Garage. On the day following his crackup Haley told Highway Patrolman Robert Speer that he was going 40 to 50 miles per hour at the time his car hit the Ford Garage but at the trial Haley testified that he was travelling at about 40 to 50 miles per hour as he passed the city limits sign and...
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