State v. Kirby

OPINION

RANSOM, Justice.

1. In State v. Yarborough, 122 N.M. 596, 930 P.2d 131 (1996), affirming, 120 N.M. 669, 905 P.2d 209 (Ct.App.1995), we today have affirmed that to convict of the fourth-degree felony of involuntary manslaughter in the commission of an unlawful act, that act must at least have been one of criminal negligence, not mere civil negligence or carelessness. Certiorari was taken in the instant case for possible consolidation with Yarborough. Here, William Laxton Kirby was convicted of involuntary manslaughter as the result of a death arising from a head-on collision. Kirby drove…