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Show MONDAY, APRIL 22, 1974 PAGE NINE INTERMOUNTAIN COMMERCIAL RECORT State State of biwL, Plaintiff and Respondent, No. 13398 v. FILED April Howard William Caaier, Defendant and Appellant. 11, 1974 Allan E. Mecham, Clerk 2d 316. 5. See People v. Fohr, 75 P. 2d 616, 24 CA 580. 6. 101 Utah 365, 120 P. 2d 285. We think that a statement of the correct test to be applied: whether upon the basis of the facts known to the officer, a reasonable and prudent person in his position would be justified in believing that the defendant had committed the offense, and reflection upon the evidence discussed herein, provides an obviously sufficient answer to defendant's contention. CROCKETT. Justice: Affirmed. No costs awarded. Howard William Cazier appeals from his conviction by a jury of the crime of automobile homicide. 1 He assigns as error the failure of the court to grant his motion to dismiss, on two grounds: (1) that the State had failed to prove the corpus delicti of the crime by evidence independent of his admissions; and (2) because there was shown no reasonable cause for his original arrest. At about 7:30 in the evening of November 12, 1972, the defendant was driving an oil tanker truck eastward on U.S. Highway 40 in the vicinity where it passes alongside the Strawberry Reservoir in Wasatch County. The evidence shows that his truck crossed over the center line into the westbound traffic lane and continued there for considerable distance (about 260 feet), and struck an eastbound pickup truck being driven by Craig Jack Harris, who had swerved to his extreme right side of the highway in order to avoid the collision. This resulted in the death of the latter' s passenger, George Paul. On the basis of the physical evidence, observations made of the defendant that he was unsteady, staggering, smelled strongly of alcohol; and conversations with him, including unsatisfactory responses to physical tests, he was placed under arrest. A blood test given to him at about 11:30 P.M. that night, which showed an alcohol content of 0. 10 plus per 2 cent, which it was testified, would have been higher at the time of the WE CONCUR: F. Henri Henriod, Justice R. L. Tuckett, Justice 7. As to arrest .without warrant on reasonable cause see State v. Hatcher, 27 Utah 2d 318, 495 P. 2d 1259, and authorities therein cited. ELLETT. Justice: (Concurring) U. C. A. I concur except that I do not think Section 2 1953, cited in footnote of the main opinion has any application to a case involving the crime of automobile homicide. See State v. Risk, P. 2d Utah 2d , J1974). accident. In arguing that the State failed to prove the corpus delicti by evidence independent of his admission, defendant contends that the "corpus delicti" of a crime includes the total proof of all of the elements necessary to convict him of the crime charged, including that he was the driver of the automobile, under the influence of intoxicating liquor, and that he 1. U.C.A. 1953: "Any person, while under the influence of intoxicating liquor to a degree that renders him incapable of safely driving a vehicle, who causes the death of another person by operating or driving any motor vehicle in a reckless, negligent or careless manner, or with a wanton or reckless disregard of human life or safety, shall be deemed guilty Sec. 76-30-7- .4, CALLISTER, Chief Justice, concurs in the concurring opinion of Mr. Justice Ellett. New Corporations INDIAN 1953, states: (3) If there was at the time 0.08 U.C.A. per cent or more. by. weight of alcohol in the person's blood, it shall be presumed that the person was under the influence of intoxicating liquor. P. 2d Utah 2d , But see State v. Risk, (Feb. 1974); of interest, but having no application to this case, see subsequent amendment to Sec. U.C.A. 1953, enacted by 1974 Special Session. '76-5-207(- . B said: 399- -QUALITY 4th E., Logan, Ut 84321. Officers: Lori Alvord, 359 N. 4th E. , Logan, Ut 84321; Jan Wilbur, 359 N. 4th E. , Logan, Ut 84321; Kathryn Ekenbreck, 4th E. , Logan, Ut 84321 , To engage in patriot ic and civic pursuits for the establishment and furtherance of sound and effec- tive local, state and nation W., W. To 91761. J. Hilb, Franc Casseopeia, ories, luggage and gift items. 392-IC- UTAH SOCIETY LOGISTS, Robert A. SLC. OF RADIO- Officers! Carothers, Pres., 1405 Utahna Mrs. Sandra 4331 S. 390 Dr., SLC 84104; Sargent, V. Pres E., SLC 84107; ' Sherxie Uzelac, Secretary, 276 E. 1200 S., Bntlf, Ut 84 010; Kathleen Taylor, Treasurer, 172 "K" St., Apt. 11, INC., 306 Dover, Delaware. INDUSTRIES, X S. cational programs. rwno consume! goods, including wearing appare., handbags, access- St., H. Cutler of the Board, 520 Linda Ave., El Paso, Texas; Officers: Robert Chairman C. Gordon Murphy, Vice Chairman of the Board, PO Box 3263, Noroton, Connec- t, 403 --THE Ricciardi, Vice California, 91761. facture and sale of scientific purposes. , M. Director of Fin. and Sec., 211 W. Emporia, Ontario, 402AMERICAN MEDICAL INSTITUTE , 1953, states: Thomas the Americas, NY, NY 10019; James G. LaBarba, Control lei Church, Virginia; Estella Dixon, 107 W. Cameron Rd., Falls Church, Virginia; Dale 2571 Van Buren Ave. , Ogden, Ut 84403. Officers: Stephen W. Farr, 2571 Van Buren Ave., Ogden, Ut 84403; 3448 Westwood Boyd Corbet SLC Deanne Farr 84109; Dr., 2571 Van Buren Ave., Ogden, Ut 84403. To conduct edu- Calif., Ontario, California 91761; John Bernards, Vice-Pre- s, 211 W. Emporia, Ontario, Calif 91761; Joan Zimmermai Asst. Sec, 1345 Ave., of 244 N. 250 E. , Otem, Ut. E. Olson, 7431 Camp lger Ave. , Falls and Officers: W. Chairman of die Board, 1345 Avenue of the Americas, New York, NY 10019; Lawrenct Omits, Pres, 211 V. Emporii S., religious, educational, bnn Ontario, California 91761; Officers: J&1 of the crime charged. To Chairman of the Board, 211 W. Emporia, institutes. - Olson, Ron- INC., 211 Emporia, Ontario, 7691 S. 2700 Idaho Falls Church, Virginia Calvin S. Olsen, 244 N, 250 E. , Orem, Ut 84057. Organized for charitable, 84117; 2918 Morning BREED, operate educational 1576 SLC Fielding, side Dr., SLC 84117. eneatte in anv lawful 401- THE OLSON FAMILY ASSOC., G. Dr., Morgan ald K. Sandra A. 830 E. 800 Dr., Manfred Goettig, 2905 Morgan Dr., SLC 84117; Dinora A. Goettig, 2905 Jordan, Ut; Charles Peters, SLC. The foregoing sufficiently disposes of the defendant's argument and renders it unnecessary to be further concerned with the sufficiency of the proof of the crime. Nevertheless, we observe in summary that there was in fact evidence of all of the elements of the offense, upon which the jury was justified in believing beyond a reasonable doubt that the defendant was guilty State v. Wells, 35 Utah 400, 100 P. 681; State v. Kimball, 45 Utah 443, 105 146 P. 313; State v. Sheffield, 45 Utah 426, 146 P. 306; State v. Crank, 2 Utah 332, 142 P. 2d 178, 170 A. L.R. 542; State v. Ferry, Utah 2d 371, 353. 2d 6 314 2d P. Utah 372, 275 P. 2d 173; State v. Weldon, with this statement; and see also 3 all consistent above, footnote cases 4. See ' 23 C. J.S. 624, note 35 citing cases from numerous jurisdictions; 30 Am. Jur. W TECH TOOL CO. , 2905 SLC 84117. Off- icers: 84084; Merlin Ut Jordan, J. Steinfeldt, other vehicles. Morgan 7647 S. 2700 W., Steinfeldt, W .... 3. -MED - and this without the aid of the admissions of the defendants themselves. But it does not mean that such defendant must be connected with the crime peace officer may, without a warrant, arrest a person for a violation of this section when such violation is coupled with an accident or collision in which such person is involved and where such violation has, in fact, been committed, although not in his presence,, when the officer has reasonable cause to believe that the violation was committed by such person. any 406- 400- THE CASTLE KINDERGARTEN AND PRE -- SCHOOL, 700 N. 200 W., Officers: INC., 430 Judge Building, SLC. Officers: Hugh Gardner, Pres., 110. N. Main, Sprlngville, Ut 84663; Paul N. Co tro -- Manes, 430 Judge Bidg., V. Pres,; Donald H. Wagstaff , Jr, ry-Treasurer, 9553 S. State, Sandy, Ut 84070. To engage in the leasing and renting of automobiles or governments. order to support a verdict, the State must prove the corpus delicti; that is, that a crime was committed . . . A 359 N. 359 N. In As to defendant's argument that the charge should have been dismissed because he was arrested without reasonable cause: we have a statute which U.C.A. deals specifically with arrests for this crime. Sec. . MUSIC APPRECIATION, CORPORATION, , -U- LTRA-LEASE Secreta- 59, Blanding, Charitable, religious, educational, and scientific purposes. SLC. ' Considering the facts as hereinabove recited in the light of the law as just discussed, it is indubitably clear that there was adequate proof of the corpus delicti independent of the defendant's confession or admission. Box Ut. - Enlightening on this subject is the case of State v. Erwin, wherein district judge) speaking for this court about the corpus delicti, R. landing, Ut; Millard, Battrell, Certain of our cases are. cited in support of Judge Wade (then Valley, Ut; Nicola S. Ashton, MD, Box 6, Monument Valley, Ut; Cordon Frase, Be 11, Monument Valley, Ut; Darla Jahn, RN, Box 45, . Securities. 84101. 405 ment 2), We see nothing in those cases to support the idea that the corpus delicti includes- all of the elements of a crime. However, they are in harmony with the traditional and practically universally accepted concept of the term "corpus delicti": that it means literally, the body of the crime; and that as it is used in regard to proof of crime, it refers onlyto evidence that a crime has been committed. For example, the finding of the body of the person murdered,, the ruins of a house burned, or evidence of an injury or violation This of - person pr property; and that it was done by some criminal act. who committed it, or whether the is quite apart from the question as to the Indeed was therein. involved corpus delicti of a crime may be accused, never apprehended, or is unknown. 5 is the perpetrator plainly evident, although SCHOOI Iris b), negligently caused the death, that proposition. FINANCIAL, INC., , Box 6 Monument Vallej G. Ut 84556. Officers: Gene Wilson, DDS, Box 12 Monument Valley, Ut 84536; Bud Joe Haycock, Box 142, Monument Valley, Ut; Restivo, RN, Box 34, Monu 84103. Suite 500 Continental Bk, Bldg., SLC 84101. Officers: Karin A. Lewis, Suite 500 -.Contential Bldg., SLC 84101; Gary L. Merrill, Suite 500 -Contential Bldg., SLC 84101; Jo Mayhew, Suite 500 - Continental Uk. Bldg., SLC INC. of a felony . . . . " 2. SLC New Corporation Tilings are lised for he enire Sat of Uah as recorded in he Secretly of Safe's office. ticut; Clyde , Pres, W. Robertson, 1510 E. 10th Ave., Denver, Colorado; John d. and Dowell, V. Pres-Fi- n. W. 11302 29th Treasurer, St., Lakewood, Colorado; R. Stewart Mcllvennan, V. Pres and PI., Secretary, 11690 W.22nd Lakewood, Colorado; Harold K. Rulon, V. Pres, 2530 S. Chase Lane, Lake-woo- d, Colorado; H. Danforth Starr, V. Pres, Wells Hill Rd., Lakeville. Conn; J. |