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97 Utah 180

91 P.2d 457

State v. Lingman

Utah Supreme Court

Decided June 5, 1939

Utah Supreme Court · decided 1939-06-05

Good law ✅— No negative treatment on recordhow we know

Decided 1939-06-05

How this case has been cited

Cited by 28 later decisions — most recently May 2020 · most notably Maslankowski v. Beam Ex Rel. Quernemeon (1972), 212 Pa. Super. 208 - Commonwealth v. Clowser (1968)

24 state decisions

901939194019501960197019801990200020102020decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

LARSON, Justice

¶1 (concurring).

¶2 I concur. I think it is probable that no distinctions were intended between the doing of a lawful act in an unlawful manner and doing it without due caution and circumspection. They seem to be interchangeable, inter-definitive. The conjunctive or need not be construed as dividing the arm into subdivisions but may be read “in an unlawful manner or [as we may put it] without due caution and circumspection.” That is to say, that which is done without due caution and *205 circumspection may be said to be done in an unlawful manner, and if the act is one inherently or intrinsically dangerous to human life, one “which might produce death,” so doing it is criminal negligence.

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