State v. Flaherty

CLARK, Judge.

Defendant’s assignments of error relate to the jury instructions. The trial judge submitted involuntary manslaughter and death by motor vehicle as possible guilty verdicts. With respect to involuntary manslaughter, he instructed that the State had to prove beyond a reasonable doubt (1) that the defendant violated the law with respect to the operation of motor vehicles; (2) that the violation constituted culpable negligence, i.e., that it was willful, wanton or intentional; and (3) that the violation proximately caused death. In the course of explaining the first two elements, the…