State v. Johnston

OPINION

The narrow issue presented is whether it is necessary to set forth the “act or neglect of duty” that proximately causes the death or bodily harm when charging a felony under NRS 484.-3795.1 The district judge, in dismissing the offense predicated on that statute, held that it was necessary, and dismissed the charge. The State has appealed. We affirm.

According to the grand jury record, the respondent, Glenn W. Johnston, while under the influence of intoxicating liquor, was drag-racing with another vehicle. Both the cars ran a stop sign. Johnston’s car collided with a third vehicle…