Washington Law Review


Gust S. Doces


Defendant was charged with negligent homicide under RCW 46.56.0401 for causing the death of a pedestrian through the operation of a motor vehicle. The trial jury found the defendant guilty, but the trial judge entered an order arresting judgment and, in the alternative, granting a new trial. From this order the state appealed. In his trial memorandum, the judge ruled as a matter of law that the evidence was insufficient to show any causal relation between the defendant's state of intoxication and the resulting death to a pedestrian. The Washington Supreme Court in a 5-3 decision reversed and remanded with instructions to enter judgment upon the verdict of the jury. The court held that there was sufficient evidence for the jury to find that each element of the offense charged had been proved beyond a reasonable doubt.

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