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STATE v. VOLLMER

No. CC909.

259 S.E.2d 837 (1979)

STATE of West Virginia v. Mark S. VOLLMER.

Supreme Court of Appeals of West Virginia.

November 13, 1979.

Attorney(s) appearing for the Case

Chauncey H. Browning, Atty. Gen., Michael G. Clagett, Asst. Atty. Gen., Charleston, for plaintiff.

McCamic & McCamic, Jolyon W. McCamic, Wheeling, for defendant.

MILLER, Justice:

This case presents the certified question1 of whether the State, in charging an offense arising out of an automobile 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...

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