CRIMINAL LAW-NEGLIGENT HOMICIDE STATUTE-MOTOR VEHICLE OPERATOR SUFFERING FROM DISEASE PRODUCING UNCONSCIOUSNESS

Defendant suffered a single, sudden attack of dizziness or unconsciousness. He was warned by a physician, diagnosing his condition as Meniere's Syndrome, that he might at any time, without warning, suffer another such attack. Defendant worked for a year and three months without a recurrence. Then defendant ''blacked out" while driving alone and his automobile crashed into another, causing the death of its driver.

The trial judge convicted for statutory negligent homicide. On appeal, held, affirmed. Defendant's driving on a through state highway with knowledge that he might become disabled without warning met the statutory criterion of driving "carelessly and heedlessly in willful or wanton disregard of the rights or safety of others" so that he was criminally responsible for the death resulting. State v. Gooze, 14 N. J. Super.

277, 81 A. (2d) 811 (1951).