Foster v. State ( 1977 )

Jordan, Justice,

concurring specially.

I agree that the indictment charges "malice aforethought” and thus murder by means of vehicle is sufficiently charged. I do not believe, however, that the state should be required to prove an express intent to murder by vehicle in order to gain a conviction. Proof of a state of facts which clearly show an utter disregard for consequential acts which can lead only to the destruction of the life of a human being should suffice to sustain such a conviction.