46 S.E.2d 845 | N.C. | 1948
The defendant was charged with reckless driving of a motor vehicle in violation of G.S.,
The statute defines reckless driving as follows: "Any person who drives any vehicle upon a highway carelessly and heedlessly in willful or wanton disregard of the rights or safety of others, or without due caution and circumspection, and at a speed or in a manner so as to endanger or be likely to endanger any person or property, shall be guilty of reckless driving." G.S.,
In view of the language of the statute by which reckless driving of a motor vehicle on the highway is made a criminal offense, considered in connection with other safety regulations prescribed by law, and giving to the State's evidence the benefit of all reasonable inferences properly deducible therefrom, we think there is afforded sufficient basis for the finding that in the conduct of the defendant on this occasion there was a lack of that caution and circumspection enjoined by the statute, and that the defendant drove, his automobile at such speed and in such manner as to endanger and be likely to endanger persons and property on the highway. The extent of the resultant injury to both vehicles is *636 indicative of excessive speed and the absence of proper regard for the rights and safety of others.
The evidence was sufficient to withstand a demurrer, and to carry the case to the jury. This is in accord with the decisions of this Court on similar facts in S. v. Wilson,
In S. v. Lowery,
The defendant's exceptions to the court's charge to the jury are without substantial merit. The objection to the form of the judgment was waived in the event the other rulings of the court should be upheld.
We conclude that in the trial there was
No error.