State v. Ponce

• Decision Date: 13 April 1942
• Docket Number: Criminal 926
• Citation: State v. Ponce, 59 Ariz. 158, 124 P.2d 543 (Ariz. 1942)
• Parties: THE STATE OF ARIZONA, Plaintiff, v. SEBASTIAN PONCE, Defendant
• Court: Arizona Supreme Court

124 P.2d 543

59 Ariz. 158

THE STATE OF ARIZONA, Plaintiff, v. SEBASTIAN PONCE, Defendant

Criminal No. 926

Supreme Court of Arizona

April 13, 1942

On certification from the Superior Court of the County of Yuma.Henry C. Kelly, Judge.Question answered in the affirmative.

Mr Peter C. Byrne, County Attorney, for Plaintiff.

Mr Glenn Copple, Mr. James B. Rolle, Jr., Mr. Joe L. Green, Mr John B. Wisely, Jr., and Mrs. Mary A. Wupperman, for Defendant.

OPINION

LOCKWOOD, C.J.

This case was certified to us under the provisions of section 44-2401,Arizona Code 1591939.The question, as stated by the trial court, is as follows:

"Does proof that an accused while operating a motor vehicle upon the public highway while under the influence of intoxicating liquor collides with a person thereon, causing injuries to said person from which he very shortly dies, ipso facto establish the commission of manslaughter, there being no further or additional proof of the manner of the operation of the motor vehicle, or the manner of the collision?"

We think the question may be restated in the following manner:

"Is proof that the accused, operating a motor vehicle upon the public highway while under the influence of intoxicating liquor, collided with a person thereon, causing injuries to said person from which he shortly dies, sufficient to sustain a verdict of manslaughter?"

It is contended by the state that this question, in substance, has been answered affirmatively by this court in Gibbs v. State,48 Ariz. 25, 58 P.2d 1037, 1038.The evidence for the state in that case showed that defendant, while in an intoxicated condition, struck deceased with his car in such a manner that it caused the death of the latter.We said:

"... The law of Arizona makes it a misdemeanor for any person to drive an automobile on the public highway while under the influence of intoxicating liquor.Section 1688,Revised Code 1928, (as amended byLaws 1935, chap. 33, section 1.)Manslaughter is defined by our law as follows:

"'Manslaughter is the unlawful killing for a human being without malice.It is of two kinds: Voluntary, upon a sudden quarrel or heat of passion; involuntary, in the commission of an unlawful act not amounting to a felony, or in the commission of a lawful act which might produce death in an unlawful manner, or without due caution and circumspection.'Section 4586,Revised Code 1928.

"If, therefore, defendant was driving an automobile upon the highways, while under the influence of intoxicating liquor, and while so doing ran into Remington in such a manner that the blow inflicted by the automobile was the proximate cause of the injury which caused Remington's death,he would be guilty of involuntary manslaughter...."(Italics ours.)

It would seem that this is conclusive so far as the law of this state is concerned.

Notwithstanding, defendant cites a number of cases which he contends supports the view that additional proof to that set forth must be introduced.Most of the cases cited by him are based on specific statutes not similar to ours, and facts unlike those appearing in the question certified.The examples given by him of situations in which an injustice might be caused by applying the rule urged by the state, present facts in no way similar to that shown in the present case.

It is very true that evidence may be offered by the state or defendant showing facts additional to that set forth in the question certified, which would require a verdict of not guilty, but these additional facts must be affirmatively shown in order to relieve defendant of his responsibility.

Homicide is usually and correctly defined as the killing of a human being by another human being.People v. Mar Gin Suie,11 Cal.App. 42, 103 P. 951.If, therefore, one person is killed as a result of the act of another, it is obviously always homicide.But homicide may either be unlawful, excusable or justifiable. ...