STATE v. YARBOROUGH

No. 15794.

905 P.2d 209 (1995)

120 N.M. 669

STATE of New Mexico, Plaintiff-Appellee, v. Kenneth YARBOROUGH, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Granted November 3, 1995.


Attorney(s) appearing for the Case

Tom Udall, Attorney General, M. Anne Wood, Assistant Attorney General, Santa Fe, for Plaintiff-Appellee.

Sammy J. Quintana, Chief Public Defender, Susan Roth, Assistant Appellate Defender, Santa Fe, for Defendant-Appellant.


OPINION

FLORES, Judge.

1. Defendant appeals his conviction for involuntary manslaughter by careless driving. We consolidate the issues raised by Defendant on appeal and address them as follows: (1) whether a showing of criminal negligence is required for a felony involuntary manslaughter conviction and (2) whether the specific homicide by vehicle statute preempts the prosecution of vehicular killings under the general involuntary manslaughter statute...

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