Albitre v. State

I dissent in this case because I do not think Mrs. Albitre got a fair trial. If she had had a fair trial, there is a strong possibility that she would have been acquitted.

Albitre did not get a fair trial because the jury was pressed to a verdict of guilty without having been required to find one of the essential elements of the crime, namely that, as was charged in the information, Albitre’s “act of driving while under the influence of intoxicating liquor and neglect of duty proximately caused the death” of the victims. (Emphasis added.)

No doubt prompted by State v. Johnston, 93 Nev. 279, 564…