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STATE v. McNAIR

No. 30109.

108 P.3d 410 (2005)

141 Idaho 263

STATE of Idaho, Plaintiff-Respondent, v. Hugh S. McNAIR, Defendant-Appellant.

Court of Appeals of Idaho.

Review Denied March 10, 2005.

Attorney(s) appearing for the Case

Wiebe & Fouser, Caldwell, for appellant. Thomas A. Sullivan argued.

Hon. Lawrence G. Wasden, Attorney General; Melissa Nicole Moody, Deputy Attorney General, Boise, for respondent. Melissa Nicole Moody argued.

LANSING, Judge.

Appellant Hugh S. McNair was convicted of misdemeanor vehicular manslaughter. The issues he raises on appeal, challenging the sufficiency of the criminal complaint and the jury instructions, require that we determine whether negligence on the part of the defendant is an element of vehicular manslaughter under Idaho Code § 18-4006(3)(c). We hold that it is and therefore vacate the judgment and remand for a new trial.

I.

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