State v. Gibson

OPINION

Before BOOCHEVER, C. J., and RABI-NOWITZ, CONNOR and ERWIN, JJ. ERWIN, Justice.

Howard L. Gibson was indicted under Alaska’s negligent homicide statute, AS 11.15.080. The indictment was in two counts and charged Gibson with killing two individuals by operating a motor vehicle in a culpably negligent manner. Both counts charged Gibson with exactly the same unlawful conduct, i.e., driving on the wrong side of the road, in violation of 13 A AC 02.050, and driving while under the influence of intoxicating liquor, in violation of AS 28.35.030. The counts in the indictment differed only in…