Johnston v. State

OPINION

On the morning of September 28, 1981, defendant Milton Johnston was driving a vehicle under the influence of alcohol.1 Johnston was driving erratically in an alley when his car hit a *95wooden electrical pole. The pole fell almost immediately, striking and killing a deliveryman in the alley.

Johnston was charged by information with driving under the influence of alcohol, pursuant to NRS 484.3795 and murder with use of a deadly weapon pursuant to NRS 200.010, NRS 200.030, and NRS 193.165. The jury found Johnston guilty of second degree murder with use of a deadly weapon. In accordance with…