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Espinosa v. People2/29/1960
if he was in fact negligent, must be more than simple negligence" was a correct statement.
It does not follow, however, from the Goodell decision that a valid information under this statute cannot be predicated upon intoxication of a driver coupled with simple negligence.
In Goodell v. People (supra), we said: "The failure of the court to give an instruction on proximate cause was erroneous."
In the instant case, no instruction was given on proximate cause; no instruction was given upon any degree of negligence, and no instruction was given to define the term "wanton or reckless disregard of human life or safety." Failure of the trial court to instruct upon these elements of the alleged offense was error.
The judgment is accordingly reversed and the cause remanded for such further action as may be deemed proper consistent with the views herein expressed.
Disposition
Reversed.
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