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FELSKE v. STATE

No. 83-230.

706 P.2d 257 (1985)

Barry Brian FELSKE, Appellant (Defendant), v. The STATE of Wyoming, Appellee (Plaintiff).

Supreme Court of Wyoming.

September 12, 1985.

Attorney(s) appearing for the Case

Thomas J. Fagan and Michael J. Krampner of Fagan & Fagan, Casper, for appellant (defendant).

A.G. McClintock, Atty. Gen., Gerald A. Stack, Deputy Atty. Gen., John W. Renneisen, Sr. Asst. Atty. Gen., and Margaret M. White, Asst. Atty. Gen., for appellee (plaintiff).

Before THOMAS, C.J., and ROSE, ROONEY, BROWN, and CARDINE, JJ.

ROSE, Justice.

The primary issue in this case is whether the State must establish the voluntary driving of the vehicle and the voluntary consumption of alcoholic beverages in prosecuting a charge of aggravated vehicular homicide under § 31-5-1117(a), W.S. 1977, 1982 Cum.Supp.1 The constitutionality of the statute also is attacked for reasons similar to those argued in Armijo v. State, Wyo., 678 P.2d 864

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