State v. Beasley
Ohio Court of Appeals
1995 WL 453082 (1995)
- Written by Sharon Feldman, JD
Facts
Mack Germany was driving on a highway with a U-Haul trailer. Germany noticed the load had come loose, pulled into the emergency lane, and got out of the truck. Rodney Beasley (defendant), who was driving partially in the emergency lane, struck and killed Germany. Beasley was charged with aggravated vehicular homicide for recklessly causing Germany’s death while operating a motor vehicle. There was no evidence at trial that Beasley was speeding or driving under the influence of alcohol or drugs. Witnesses testified that Beasley was weaving before the accident and driving in the emergency lane. Beasley testified that he was checking his load to see if it had shifted and that he applied his brakes before hitting Germany. After striking Germany, Beasley returned to the accident scene. Beasley was convicted after trial. On appeal, Beasley argued that the trial court should have instructed the jury on the lesser included offense of vehicular homicide.
Rule of Law
Issue
Holding and Reasoning (Sundermann, J.)
Concurrence (Painter, J.)
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