Fowler v. State

WAYMOND M. BROWN, Judge.

|1Appellant appeals his conviction by jury of negligent homicide, for which he was sentenced to forty years in the Arkansas Department of Correction. 1 His sole point on appeal is that the State failed to prove an essential element of negligent homicide, specifically, that it failed to prove that his blood alcohol content (BAC) was 0.08 or more at the time of the accident. We affirm.

On August 15, 2012, after drinking beer and whiskey with Matthew Ballard and Zachary Koontz at a swimming hole at Cadron Creek, 2 appellant drove the three of them from the swimming hole…