![]() ![]() on June 14, 1942, at the intersection of Sixth South and West Temple streets in Salt Lake City. This prosecution arose out of an automobile collision at about 1:45 A.M.Evidence sustained conviction of involuntary manslaughter by reason of defendant's negligent operation of an automobile in violation of statute pertaining to right of way. See Words and Phrases, Permanent Edition, for all other definitions of "Unlawful Act." 6. ![]() The "unlawful acts" which will constitute "criminal negligence" sufficient to satisfy statutory definition of manslaughter referring to commission of unlawful acts not amounting to a felony consist of reckless conduct or conduct evincing marked disregard for safety of others, not mere thoughtlessness or slight carelessness. See Words and Phrases, Permanent Edition, for all other definitions of "Criminal Negligence" and "Without Due Caution or Circumspection." 5. In prosecution for involuntary manslaughter arising out of automobile collision, where instruction given by court actually defined meaning of the phrase "without due caution or circumspection" as used in the statute defining involuntary manslaughter more satisfactorily than generic term "criminal negligence" embodied in defendant's requested instruction, refusal of requested instruction was not error. In prosecution for involuntary manslaughter arising out of automobile collision, where court properly charged as to duty of a driver of a vehicle within an intersection intending to turn to the left, next succeeding instruction, which set forth elements required to be proved by state beyond a reasonable doubt in order to warrant a conviction and referred to previous instruction, was not misleading. In prosecution for involuntary manslaughter arising out of automobile collision, trial court properly refused under facts, as authorized by statute, to instruct that a driver, intending to turn left and having yielded right of way to a vehicle approaching from opposite direction within intersection and having given signal, might make left turn and that drivers of all other vehicles approaching from opposite direction should yield right of way. Each party is entitled to have his theory of the case, if supported by competent evidence, submitted to the jury by appropriate instructions. Utah Light Traction Co., 57 Utah 7, 169 P. We have held that each party 1 is entitled to have his theory of the case which is supported by competent evidence, submitted to the jury by appropriate instructions and that the failure to present for the jury's consideration a party's theory by appropriate instructions constitutes reversible error. ![]()
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