State v. Makin

: 223 Kan. 743, 576 P.2d 666 (1978)

 

RULE:

In the field of unintentional homicide by operation of a motor vehicle, the specific statute, vehicular homicide, is concurrent with and controls the general statute on involuntary manslaughter, except where the acts of the accused constitute wanton conduct, gross negligence.

FACTS:

Defendant killed an individual when he drove his vehicle while under the influence of liquor. Defendant contended that the general statute relating to involuntary manslaughter, was superseded by the more specific statute on vehicular homicide.  The court concluded that an unintentional homicide arising from the operation of a motor vehicle, which resulted from wanton conduct, gross negligence, was included within the confines of involuntary manslaughter under § 21-3404. Furthermore, the court found that there was sufficient evidence of wanton conduct to support the conviction of involuntary manslaughter.

ISSUE:

Was defendant improperly charged under the involuntary manslaughter statute?

ANSWER:

Yes.

CONCLUSION:

There was substantial competent evidence to establish that at the time of the homicide the appellant was operating his vehicle on the left side of the road and was under the influence of intoxicating liquor. There was sufficient evidence of wanton conduct to support the conviction of involuntary manslaughter.

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