Steele

The two defendants were jointly tried on an information charging manslaughter and a violation of section 141 of the Motor Yehiele Act (Stats. 1923, p. 562). The defendant Steele was convicted on both charges; the defendant Kearney was convicted on the latter charge, and, pursuant to an instruction of the trial court, was acquitted on the charge of manslaughter. Both defendants appealed from the judgments following the verdict and from the orders denying their motions for a new trial, but the defendant Steele has abandoned his appeal and the judgment and order as to him are affirmed without opinion.

The facts of the case as presented on the Kearney appeal are simple and without material dispute. Kearney and Steele, with two others, Roper and Graham, were out on a drinking “party” during which all but Graham had several drinks of gin and whisky. At Roper’s home, where more drinks were served to the three mentioned, the four men got into an automobile owned by Kearney’s employer, but over which Kearney had control. This was a Buick roadster having what is called a “rumble seat.” Steele took the wheel, with Kearney sitting beside him. Graham and Roper rode in the rumble seat. While…