| Court: | Supreme Court of Utah |
| Facts: | Defendant was trucking soldiers around, and fell asleep at the wheel, eventually tunning over a child on the sidewalk. |
| Posture: | Appeal from a verdict of involuntary manslaughter. |
| Issue: | Was the evidence sufficient to show negligence? (i.e., should the charge have been dismissed, rather than being sent to the jury, because the state failed to show this element?) |
| Holding: | Affirmed |
| Rule: | You're not responsible for what you do when you are asleep, but you are responsible for where and ehwn you let yourself fall asleep. |
| Reasoning: | You can't go to sleep while driving without being negligent. |
| Dicta: | Not just one, but two concurring opinions! Just falling asleep while driving doesn't by itself overcome the presumption of innocence, or establish negligence sufficiently for the jury. Plus, this was a sleep-inducing truck. |