People v. Carroll

Court Discusses Whether the Defendant was Permitted to Inspect Grand Jury Minutes
The defendant was indicted for driving an automobile in a reckless, culpable and negligent manner, thereby causing another’s death, and misdemeanor of driving automobile while intoxicated. The defendant requested an order granting him inspection of grand jury’s minutes or dismissing indictment filed on November 30, 1956.

The trial court denied the defendant to inspect the minutes of the grand jury on one indicted for driving automobile in reckless, culpable and negligent manner, causing another’s death, and misdemeanor of DWI driving while intoxicated as he was not entitled to inspect the minutes. The judge then examined the charge which the defendant was indicted for by the grand jury. The charge of reckless driving, within statute defines the offense of driving automobile in reckless and negligent manner, thereby causing another’s death, as running or operation of an automobile under circumstances showing driver’s reckless disregard of consequences.

Culpable negligence, within criminal statute defines the offense of driving automobile in culpable and negligent manner, thereby causing another’s death, as something more than slight negligence necessary to support civil action for damages, but to disregard the consequences and to have an indifference to others’ rights. The count of indictment, charging the defendant with driving an automobile in reckless and culpable and negligent manner, thereby causing another’s death, was dismissed, in absence of proof before grand jury of such reckless and culpable negligence in the defendant’s operation of his automobile.

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