State v. Costello

(concurring specially)—Although I have signed the court’s opinion, attention should be directed to the fact that the court’s instruction No. 4, interpreting the *333elements of negligent homicide as defined in RCW 46.56.040, is erroneous because in it the jury was instructed that there must be a relationship of cause and effect between the intoxication and the act producing the fatal accident, while the statute itself makes it a crime if an accident occurs during the period of time when the driver is under the influence of intoxicating liquor, and a death is the proximate result of the accident.…