State v. Dyer , 177 W. Va. 567 ( 1987 )

NEELY, J.,

dissents on the grounds that the jury was not properly instructed concerning the requirement of W.Va.Code 17c-5-2(a)(3) [1983] that an act must be committed that is in reckless disregard of the safety of others in addition to driver drunkenness and an unlawful act.