(a) When the death of any person ensues within one (1) year as a proximate result of injury received by the driving of any vehicle in reckless or wanton disregard of the safety of others, the person operating the vehicle shall be guilty of negligent homicide.
(b) The commissioner shall revoke the operator's or chauffeur's license of any person convicted of negligent homicide under the provisions of this section.
(c) The offense of negligent homicide shall be included in and be a lesser degree of the offense of involuntary manslaughter.
History. Acts 1937, No. 300, § 48; Pope's Dig., § 6706; Acts 1955, No. 174, § 1; A.S.A. 1947, § 75-1001.
Publisher's Notes. The former offense of involuntary manslaughter is now included in manslaughter and negligent homicide, §§ 5-10-104 and 5-10-105, respectively.
Research References
Ark. L. Rev.
Negligent Homicide, 9 Ark. L. Rev. 388.
Criminal Law - Negligent Homicide Statutes - Requirement of Mens Rea, 11 Ark. L. Rev. 448.
U. Ark. Little Rock L. Rev
Survey of Arkansas Law, Criminal Law, 1 U. Ark. Little Rock L. Rev 153.
Case Notes
Alternative Means of Prosecution.
Elements of Offense.
Evidence.
Wrongful Death Actions.
Alternative Means of Prosecution.
Where party was killed as the result of the reckless driving of an automobile by the defendant, the defendant was properly charged with statutory offense of involuntary manslaughter, despite this section governing automobile homicide, as state could base its prosecution for negligent death under either statute. Campbell v. State, 215 Ark. 785, 223 S.W.2d 505 (1949).
If homicide resulted from operation of vehicle in a reckless or wanton disregard of safety of others, prosecution could have been under this section or involuntary manslaughter statute; but if homicide resulted from operation of vehicle in a willful disregard of safety of others, then offense could not have been negligent homicide but must have been at least involuntary manslaughter. Bentley v. State, 252 Ark. 642, 480 S.W.2d 346 (1972).
For conviction under this section, it is not necessary that the defendant be guilty of willful or wanton negligence, but only that he be guilty of a reckless or wanton disregard for the safety of others. Baker v. State, 237 Ark. 862, 376 S.W.2d 673 (1964).
Where conviction for negligent homicide is based on surmise and conjecture and when the physical evidence at the scene of the accident is consistent with most any hypothesis, the judgment must be reversed. Ayers v. State, 247 Ark. 174, 444 S.W.2d 695 (1969).
Trial court did not err by granting a motion in limine to prohibit introduction of evidence, in wrongful death action brought after one passenger died in automobile accident, that both drivers pleaded nolo contendere to the charge of negligent homicide under this section and § 27-50-804 resulting from the collision. Patterson v. Odell, 322 Ark. 394, 909 S.W.2d 648 (1995).
Cited: Rickett v. Hayes, 251 Ark. 395, 473 S.W.2d 446 (1971).