State v. Larson

843 P.2d 777 (Mont. 1992)

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Nature of the Case

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Facts

Five-year-old Brenda Perry suffered fatal injuries when a horse she and D were riding reared and fell backward, crushing Brenda. She died a short time later of internal bleeding. The accident occurred during a barbecue and D had consumed several alcoholic beverages that day. D testified that he drank four sixteen-ounce cans of beer and two shots of whiskey. The coroner testified that D admitted to drinking six or seven cans of beer and two shots of whiskey. Before riding the horse, D was told it was 'inexperienced' and 'hot-blooded' and did not like to have her mouth tugged by the reins. D Larson pulled back on the reins. The horse reared straight up and fell backward onto D and Brenda. Brenda died of internal injuries. A forensic scientist for the State Crime Lab, measured d's blood alcohol content at .17 grams of alcohol per 100 milliliters of blood. It was estimated that D had a blood alcohol content between .20 and .27 at the time of the accident. At trial, the court permitted P to compare D's blood alcohol level with the level that the scientific community has determined will impair a person's ability to drive a motor vehicle. The court also allowed testimony concerning the effect of alcohol on a person's reasoning and judgment. A person with a blood alcohol level as low as .05 'will do stupid things.' D was convicted and appealed.