Opinion

State v. Lingman

  • 97 Utah 180
  • 91 P.2d 457
  • 1939 Utah LEXIS 57
Court
Utah Supreme Court
Filed
Jun 5, 1939
Status
Published
Author
Larson
On the bench
Wolfe, Larson, Moffat, McDonough, Pratt
Cited by
39 cases

The opinion

LARSON, Justice

(concurring).

I concur. I think it is probable that no distinctions were intended between the doing of a lawful act in an unlawful manner and doing it without due caution and circumspection. They seem to be interchangeable, inter-definitive. The conjunctive

or

need not be construed as dividing the arm into subdivisions but may be read “in an unlawful manner or [as we may put it] without due caution and circumspection.” That is to say, that which is done without due caution and

*205

circumspection may be said to be done in an unlawful manner, and if the act is one inherently or intrinsically dangerous to human life, one “which might produce death,” so doing it is criminal negligence.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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