State v. MacMaster

(dissenting) — I respectfully dissent. The judge's comments, made in the instruction conference,4 persuade me that the judge misconstrued RCW 46.61.520. *239Particularly, the court did not believe the State was required to prove an essential element of the crime, i.e., a causal connection between the intoxication and the resultant death. The majority and I agree that such a causal connection must be shown. The judge's misunderstanding was conveyed to counsel and influenced the jury instructions given. Although the majority and I agree the instructions proposed by Mr. MacMaster on the causal…