State v. McKenzie

EXUM, Justice.

The most significant issue on this appeal is whether on . a prosecution in superior court for involuntary manslaughter arising from an automobile accident, the state may rely on defendant’s driving while under the influence of intoxicants in violation of General Statute 20-138 (a) when defendant had been earlier acquitted of this offense in the district court. The Court of Appeals answered the issue affirmatively. We disagree. We note, however, that defendant did not properly raise at trial his former district court acquittal as a bar to any proceeding in the superior court. He…