State v. Wong

The central question posed by these consolidated appeals is whether the State must allege and prove the elements of criminal negligence as defined by the Criminal Code, RSA 626:2, 11(d), to sustain a conviction under section II of the negligent homicide statute, RSA 630:3. We hold that the culpability requirement of negligent homicide is satisfied upon proof of the fault element of section II: that a person operated a propelled vehicle while under the influence of intoxicating liquor or a controlled drug. RSA 630:3, II. We note that the State must establish a causal connection between the…