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Daniels v. People2/7/1966
age 142 of the Utah Reports, 223 P. 764) says: 'It may be said, however, with perfect safety, that within the doctrine of the authorities cited the acquittal of a person for one offense is no bar to the prosecution of another, unless it appears that some essential element of the second offense was necessarily adjudicated and determined in the offense of which he was acquitted.'"
In the Brennan case, Brennan had been charged with violating their statute, which in part reads as follows:
"(a) It is unlawful and punishable as provided in subdivision (d) of this section for any person * * * under
the influence of intoxicating liquor * * * to drive * * * any vehicle within this state.
"(d) * * * provided that in the event that such defendant shall have inflicted a bodily injury upon another as a proximate result of having operated said vehicle in a reckless or negligent manner * * * he shall be punished by imprisonment in the county jail for not more than one year and, in the discretion of the court, a fine of not more than $1,000."
The court, over the objection of the state, dismissed the charge on the ground that there had been a failure to adequately prove reckless or negligent driving of the defendant. The state took the position that there was the lesser included offense, supported by evidence, of driving while under the influence of liquor. In our case, the defendant insists there is a lesser included offense.
Here is what the court said in the Brennan case:
"The rule as to when one offense is included in another is that the greater offense includes a lesser one when establishment of the greater would necessarily include proof of all of the elements necessary to prove the lesser. Conversely, it is only when the proof of the lesser offense requires some element not involved in the greater offense that the lesser would not be an included offense. Applying that rule here: it will be seen that subdivision (a) of the statute quoted above prohibits the driving of a motor vehicle under the influence of liquor as a separate offense, with a separate punishment as a misdemeanor as set forth in subdivision (d); and that it is necessarily included in the greater offense of driving while intoxicated and injuring another in a reckless or negligent manner, which is punishable as an indictable misdemeanor.
"In view of the fact that the evidence of intoxication recited above obviously would have been sufficient to prove a prima facie case of driving while intoxicated, we are unable to perceive why the trial court did not
submit the case to the jury on that included offense. In refusing the state's request to do so it committed error against the State."
A statute making it an offense to drive while under the influence, and when so driving to do an unlawful act causing bodily injury to another, was treated in the same way by the Court of Appeals in California. There the court held that driving while under the influence (itself a statutory offense) was included in the statute adverted to in People v. Gossman, 95 Cal. App.2d 293, 212 P.2d 585.
Another case directly in point, decided in 1964, is that of State v. Heitter, (Del.) 203 A.2d 69. It is in accord with the case of State v. Brennan.
A combination of two crimes -- driving while under the influence and careless driving -- resulting in death is the offense with which we are dealing. The crime of driving while under the influence must be proved beyond a reasonable doubt, and the crime of careless driving must be proved to the sam
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