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North Carolina v. McGill3/5/1985
of the accident.
Our decision on the jury instruction issue renders defendant's remaining assignment of error moot. Defendant having shown neither prejudicial effect on, nor error in, his misdemeanor convictions, they are affirmed. As to the manslaughter convictions, however, there must be a new trial.
As to the misdemeanor cases, No. 83CRS6781, No. 83CRS6782, and No. 83CRS6788
No error.
As to the manslaughter cases, No. 83CRS8683 and No. 83CRS8684
New trial.
Disposition
No error. New trial.
Judge Eagles dissenting.
I respectfully dissent. In State v. Charles Johnson, No. 8416SC429, filed 5 February 1985, for reasons ably stated by Judge Webb, we held that "driving under the influence of alcohol
constitutes a thoughtless disregard of consequences or a heedless indifference of the safety and rights of others" and is culpable negligence. Johnson stands for the practical proposition that once the State has shown culpable negligence by proof of driving under the influence and has established that the defendant's culpable negligence proximately caused the death of another, no other proof of a violation of a safety statute or a rule of the road is necessary to support a conviction of involuntary manslaughter. Based on our holding in Johnson, I would vote that the trial court did not err in refusing to instruct that in addition to proof of driving under the influence as proximate cause of the decedent's death, the State must also prove violation of a rule of the road or violation of another safety statute in order to establish proximate cause.
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