State v. Peckham

1953

Court: Supreme Court of Wisconsin

Facts: Defendant, intoxicated, runs over a kid on the side of the road.

Posture: Jury waived; convicted at trial.

Issue: Is a formal showing of negligence required?

Holding: No. Affirmed.

Rule: The state doesn't have to show that the accident wouldn't have happened had the defendant been sober.

Reasoning: It doesn't matter that one witness thought the accident was unavoidable.

Dicta: