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STATE v. LONGLEY11/1/1984
430 A.2d 1109, 1110-11 (Me. 1981). No culpable state of mind is required to establish the offense of operating under the influence of intoxicating liquor or drugs. Accordingly, a death caused by one operating a motor vehicle while under the influence is not ipso facto the result of recklessness or criminal negligence as these culpable states of mind are defined in the criminal code. The justice's statement that
Accordingly, we remand to the trial justice for a new determination of defendant's innocence or guilt of the manslaughter charge based upon a review of the evidence previously presented at the jury-waived hearing. On any subsequent appeal from a conviction, defendant's present claim of insufficiency of the evidence will be open for this court's review.
The entry is:
Judgment of conviction on the manslaughter count vacated; remanded to the Superior Court for further proceedings on that count consistent with the opinion herein; and
Judgments of conviction for leaving the scene and operating after suspension affirmed.
All concurring.
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