State v. Roth

The single issue presented by appellant, David C. Roth, to this court is whether one who has caused the death of another with a motor vehicle must be charged with committing the crime of motor vehicle homicide in violation of Neb. Rev. Stat. § 28-306 (Reissue 1979) or, at the discretion of the prosecution, may be charged with committing the crime of manslaughter in violation of Neb. Rev. Stat. § 28-305 (Reissue 1979). Roth argues that where the death is caused by a motor vehicle, the defendant must be charged with motor vehicle homicide and may not be charged with manslaughter. We believe…