Essex v. Commonwealth

*278In this case of first impression, we must determine whether driving under the influence of alcohol, resulting in a fatal collision, can supply the requisite element of implied malice to support a conviction of second-degree murder. The appeal also raises questions concerning the application of the statutory presumption of intoxication in a prosecution for both homicide and driving under the influence.

A jury convicted Warren Wesley Essex of one count of driving under the influence of alcohol (defined as a misdemeanor in Code § 18.2-266) and three counts of second-degree murder for deaths…