Clipped From The Express

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 - Court Gives Opinion The court and the attorneys...
Court Gives Opinion The court and the attorneys spent about 45 minutes in Judge Baird's chambers arguing this point of law. When court reconvened Judge Baird upheld Mr. Lipez's motion and directed the verdict of not guilty. He stated in charging the jury that in the case of involuntary manslaughter it must be proven that death was caused by some unlawful act resulting from undue caution. He said no evidence had been introduced to show this. He said it had not been shown by the Commonwealth's testimony that Yohe was going at a speed prohibited by law and that there was not sufficient proof that he had broken any law. In another type of manslaughter the act may be committed in the performance of a lawful act in which due caution was not taken. He continued that if the court allowed the jury to take this case, as it was submitted to it by the prosecution, it would be guessing and this cannot be allowed by the court. The testimony must be so presented that there can be no guess work either way. In order to make a case testi- many should have been presented by Patrolman John Rock to show that Yohe was the actual driver of the car. Also it should have been testified by other witnesses as to

Clipped from
  1. The Express,
  2. 24 Jun 1936, Wed,
  3. Page 1

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