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LOPEZ v. STATE

No. 4913.

586 P.2d 157 (1978)

Henry LOPEZ, Appellant (Defendant below), v. The STATE of Wyoming, Appellee (Plaintiff below).

Supreme Court of Wyoming.

November 3, 1978.

Attorney(s) appearing for the Case

Gerald M. Gallivan, Director, Wyoming Defender Aid Program, Laramie and Dean P. Grossenbach, Senior Law Student, for appellant.

John J. Rooney, Acting Atty. Gen., Gerald A. Stack, Deputy Atty. Gen., and Allen C. Johnson, Asst. Atty. Gen., Kurt Kelly, Senior Law Student, Prosecution Assistance Program, Steve Avery, Deputy County Atty., Fremont County, for appellee.

Before GUTHRIE, C.J., and McCLINTOCK, RAPER, THOMAS and ROSE, JJ.

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 § 6-4-107, 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...

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