Lopez v. State

RAPER, Justice.

The sole question in this case is whether death to another resulting from drunken driving of the person charged when guilt is established is manslaughter as defined by § 6-4r-107, W.S.19771 or negligent homicide as defined by § 31-5-1115, W.S.1977.2 We will hold it to be negligent homicide and set aside any authority derived from this court which suggests to the contrary.

The defendant-appellant was charged by information in the district court alleging that he:

“* * * on the 22nd day of September, 1976, in Fremont County, Wyoming, did unlawfully and involuntarily kill a human…