State v. Mearns

The defendant was convicted of negligent homicide by a jury and has appealed. The sole issue is whether in a negligent homicide prosecution it is necessary for the state to establish a causal connection between the *819defendant’s impairment of driving as a result of his drinking and the accident. The death of the victim occurred at approximately 1 o’clock in the morning of October 24, 1971, when the defendant’s car struck a mother dressed in dark clothing jaywalking across a street and the child she was carrying was killed.

The defendant insists the trial court erred in giving .the following…