(concurring).
I concur as to all points dealt with in the main opinion except the manner in which No. 4 is treated. As to it: in view of section 41-6-44 (b), subd. 3 and the testimony relating to the effect such a concentration of alcohol in the blood has, it is my opinion that it was not error for the court to instruct as it did. And I think it should be observed that although that statute was enacted to apply specifically to the offense of driving while under the influence of intoxicating liquor, it is also applicable in the instant case because the homicide resulted from the commission of that offense and proof of that crime was essential to proving the crime of automobile homicide.