State v. Vollmer

Miller, Justice:

This case presents the certified question 1 of whether the State, in charging an offense arising out of an auto mobile accident resulting in a death, must proceed under the negligent homicide statute, W. Va. Code, 17C-5-1, 2 or whether it may charge involuntary manslaughter. We conclude that the State may elect either avenue.

The defendant argues that only W. Va. Code, 17C-5-1, applies, since it is a specific enactment covering the offense, and since the statutory crime of negligent homicide contains different elements of proof than does the crime of involuntary manslaughter.…