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If such cases occurred they should have been and probably were. Juries since the advent of the automobile have been reluctant to convict defendants who cause the death of another driving drunk ("He didn't MEAN to do it...") but that's a failure of the prosecutor to explain to the jury why a conviction is required and of the court to explain the relevant law to the jury in its jury instructions. The exact same laws apply. Because juries were so reluctant we have seen the growth of DUI/DWI laws since about 1950, to make a crime out of conduct which has actually harmed no one, but perhaps had the potential to do so.

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Q: Were back in the day horse and carriage operators who caused deaths while drunk charged with reckless homicide the same way their automobile driving counterparts today are?
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