Fahl v. School District No. 1

Arthur R. Cox was charged in a criminal information, under section 39, chapter 48, 35 C.S.A., with causing the death of one Denton Mead, by driving an automobile in a reckless, negligent and careless manner and with wanton and reckless disregard of human life and safety, while under the influence of intoxicating liquor. At the close of all the evidence the court, on motion of counsel for defendant, instructed the jury to return a verdict of not guilty, on the ground that under the evidence it was equally possible that death resulted from a cause for which defendant Cox was not responsible, as from one for which he was responsible, and that under the facts here shown any determination of the cause of death could only be speculative and conjectural and could not support a verdict of guilty. The people bring the case here for a review of the courts ruling.