State v. Cooper

1983

Court: Wisconsin Court of Appeals

Facts: Smash-up on Stoughton Road

Posture: Appeal based on sufficiency of evidence

Issue: Is this ordinary negligence or criminal negligence?

Holding: Affirmed

Rule: If there's ordinary negligence, and real risk of death is involved, and the person could have foreseen it, then it's criminal negligence

Reasoning: Admitting ordinary negligence doesn't exculpate you! Doi!

Dicta: This statute is close to strict liability, since regular driving speeds are risky