## Facts

- Winnie M. Olsen, a civilian truck driver at Kearns Army Base, was ordered to drive a heavy army truck to Salt Lake City to pick up soldiers.
- Shortly after departing, Olsen became drowsy, opened the truck windows to stay awake, and continued driving.
- After stopping at a traffic signal at 5th West and North Temple, she proceeded up a viaduct in third gear.
- While ascending, Olsen fell asleep; the truck crossed the curb onto a sidewalk, traveled along it, and struck and killed a child playing there.
- Olsen had no recollection of the collision but did not dispute that her truck caused the death and admitted the basic accident circumstances at trial.
- The prosecution introduced a map prepared and identified by a witness depicting the scene and the truck’s path; Olsen objected that it contained testimonial statements and was prejudicial.

## Issues

1. Whether evidence that Olsen continued driving a heavy truck after becoming drowsy and then fell asleep was sufficient to submit to the jury the question of criminal (gross) negligence required for involuntary manslaughter.
2. Whether admitting a witness-prepared map depicting the accident scene and vehicle path was prejudicial error.

## Decision

- The Supreme Court of Utah affirmed the conviction.
- The evidence permitted the jury to find criminal negligence based on Olsen’s continued driving after experiencing drowsiness and then falling asleep.
- Admission of the map was not prejudicial because the depicted facts were essentially undisputed and cumulative of Olsen’s admissions.

## Legal Principles

- In vehicular involuntary manslaughter, the prosecution must show conduct amounting to criminal or gross negligence, commonly described as a marked disregard for the safety of others.
- Falling asleep while driving is not automatically criminal, but it may support an inference of negligence; whether it rises to criminal negligence depends on surrounding circumstances, including warning signs such as prior drowsiness.
- A trial court submits criminal negligence to the jury if there is sufficient evidence from which a reasonable jury could find the required culpability.
- Evidentiary error warrants reversal only if it is prejudicial; cumulative evidence on undisputed facts generally does not affect the outcome.

## Conclusion

The court upheld Olsen’s involuntary manslaughter conviction because a jury could reasonably find marked disregard for others where a driver continues operating a heavy vehicle after becoming drowsy and then falls asleep, and any error in admitting a map of undisputed accident facts was harmless.


State v. Olsen, 108 Utah 377, 160 P.2d 427 (Utah 1945)