" In State v. Deane, 75 Idaho 149, 268 P.2d 1114, 1116, this court said: "Appellant further contends the court erred in giving Instructions No. 17 and No. 18 on circumstantial evidence.
State v. McIver, 175 N.C. 761, 94 S.E. 682 (1917), is cited in People v. Mitchell, supra, and reaches the same result. Other similar cases are State v. Deane, 75 Idaho 149, 268 P.2d 1114 (1954); State v. Salhus, 68 Idaho 75, 189 P.2d 372 (1948); and Schluter v. State, 153 Neb. 317, 44 N.W.2d 588 (1950). Without considering some of these cases, and ignoring the commitment to the rule expressed in People v. Mitchell, supra, by this Court in State v. Cantrell, supra, the majority opinion assumes that in Wyoming in the instance of a charge of involuntary manslaughter in which the unlawful act relied upon is a speeding violation, a showing that the act was done in a criminally negligent manner is required.
In order to be guilty of driving a motor vehicle while under the influence of intoxicating liquor the influence must be solely that of intoxicating liquor. Section 21-347, Boise City Code; State v. Glanzman, 69 Idaho 46, 202 P.2d 407; Independent School District No. 5 ex rel. Moore v. Collins, 15 Idaho 535, 98 P. 857; Anderson v. Commonwealth, 72 Ky. 569; Vol. 22, Words Phrases, Intoxicating Liquor, p. 439, et seq.; State v. Huskinson, 71 Idaho 82, 226 P.2d 779; State v. Rutten, 73 Idaho 23, 35, 245 P.2d 778; State v. Deane, 75 Idaho 149, 157, 268 P.2d 1114. Opinion evidence as to intoxication is inadmissible. 20 Am.Jur., § 764, pp. 635-636; James v. State, 193 Ala. 55, 69 So. 569; 32 C.J.S. Evidence § 446; People v. Wepplo, 1947, 78 Cal.App.2d Supp. 959, 178 P.2d 853, 856; State v. Reid, 204 Ind. 631, 185 N.E. 449, 86 A.L.R. 1442; United States v. McCreary, 9 Cir., 1939, 105 F.2d 297.
In some jurisdictions it is held that when one commits an act expressly prohibited by law which results in the death of a human being he is thereby guilty of manslaughter and that in such a case an instruction on criminal negligence is neither necessary nor proper. State v. Deane, 75 Idaho 149, 268 P.2d 1114, 1116; State v. Salhus, 68 Idaho 75, 189 P.2d 372, and cases therein cited. The rule illustrated by the above-cited Idaho cases has not been followed in Montana.