State v. Perina
Annotate this CaseAppellant Arthur Perina was charged with, among other things, motor vehicle homicide under Neb. Rev. Stat. 28-306. Perina filed a motion to quash the motor vehicle homicide charge, asserting that section 28-306 was unconstitutional on the ground that it criminalized negligent acts. The county court overruled Perina's motion. Perina pled guilty to both charges, after which he renewed his constitutional challenge. It was again overruled. The district court affirmed Perina's convictions and sentence. The Supreme Court affirmed, holding that the district court did not err in rejecting Perina's constitutional arguments or affirming the county court's decision to convict him of motor vehicle homicide without proof of mens rea because motor vehicle homicide is a public welfare offense that does not require proof of mens rea.
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