Sodergren v. State

THOMAS, Chief Justice, specially

concurring.

I concur in the result in this ease. Because of the position that I articulated in my separate opinion in State v. Sodergren, Wyo., 686 P.2d 521 (1984), I believe that it would have been appropriate to give the requested instructions on the lesser included offense of vehicular homicide. I have not receded from that position.

I am satisfied, however, that the evidence is sufficient to sustain the jury’s finding of guilt with respect to the charge of manslaughter, and under those circumstances I do not discern prejudicial error in the failure to give these instructions in light of the prior decision of the court in State v. Sodergren, supra.