Lupro v. State

I concur with the majority opinion except with the portions dealing with the standard of culpably negligent conduct and the related jury instructions. With respect to those portions, I respectfully dissent.

*481I

The majority opinion states that driving while intoxicated, without more, is sufficient to sustain a conviction for negligent homicide. But culpable negligence requires “a degree of conduct more reckless and wanton than would be involved in ordinary negligence . . . De Sacia v. State, 469 P.2d 369, 372 (Alaska 1970). Although driving after excessive drinking may in fact supply the element…