Washington v. Collins

[55 Wash2d Page 469] The defendant killed a pedestrian on a crosswalk by means of a motor vehicle on October 17, 1958. He was charged with negligent homicide by means of a motor vehicle under RCW 46.56.040. By leave of court, the state was later allowed to amend the information to charge violation of RCW 9.48.060, the general manslaughter statute. The defendant then demurred and moved to dismiss on the ground that RCW 46.56.040 was a pre-emptive statute and all homicides by means of a motor vehicle must be charged thereunder. The state was given leave to amend the charge by again alleging negligent homicide by means of a motor vehicle, but it declined to do so, electing to stand on the amended information charging manslaughter. The court then dismissed the information, and the state has appealed.