Commonwealth v. Samuels

OPINION OF THE COURT

FLAHERTY, Chief Justice.

This appeal from a conviction for homicide by vehicle while driving under the influence of alcohol raises the issue of the state of mind necessary to support a conviction of that offense. Appellant maintains that criminal negligence as defined in the crimes code is required and that the trial court erred in failing to give a jury instruction to that effect, as he requested.

The record contains the following evidence. On February 26, 1997, appellant was drinking copiously1 in a bar with friends when James DiAmicis and friends entered. Mr. DiAmicis…